Berkeley City Council
November 29, 2022

Tuesday, November 29, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, November 29, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/82196348694. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 821 9634 8694. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusi on in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Tuesday, November 29, 2022 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Adjournment in memory of Al Wasserman, Berkeley resident City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons w ill be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Co uncil will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may spe ak again at the time the matter is taken up during the Action Calendar.

Tuesday, November 29, 2022 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Sewer and Access Road Easement and Installation Agreement with Paulonia Investment, LLC and Little Tree Investment, Inc.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,841-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with Paulonia Investment, LLC and Little Tree Investment, Inc. for extending, operating, maintaining, and accessing sewer pipe facilities on parcel with APN 063-2969-034-23.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

2. Sewer and Access Road Easement and Installation Agreement with James Robert Higgins
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,842-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with James Robert Higgins for extending, operating, maintaining and accessing sewer pipe facilities on 1033 Miller Avenue (APN 063-2969-034-25).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

3. Sewer and Access Road Easement and Installation Agreement with Paulonia Investment, LLC and Little Tree Investment, Inc.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,843-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with Paulonia Investment, LLC and Little Tree Investment, Inc. on parcel with APN: 063-2969-034-44 for accessing sewer pipe facilities.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Consent Calendar
Tuesday, November 29, 2022 AGENDA Page 4

4. Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promote the Use of Reusable Bags
From: Councilmember Harrison (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,844-N.S. adding a Chapter 11.62 to the Berkeley Municipal Code to regulate the use of carryout and produce bags and promote the use of reusable bags with a phased enforcement and implementation approach, effective with respect to new charges for bags pursuant to Sections 11.63.040 and 11.63.050 and provisions applicable to the City of Berkeley and City-sponsored events pursuant to Section 11.63.090 on January 1, 2023, and administrative regulations for and all provisions in this ordinance effective June 30, 2023.

First Reading Vote: All Ayes.

Financial Implications: Staff Time - $350,000 per year
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

5. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, and November 3, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

6. Amend I-80 Gilman Interchange Improvement project funding agreement, Contract No. 42200065 (Agreement A22-0056) with Alameda County Transportation Commission (Alameda CTC)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the existing Contract No. 42200065 (Agreement A22-0056) with Alameda CTC and any other amendments to fix drainage and grading issues for the future fire lane on 3rd Street between Gilman and Camelia Streets as part of the I-80 Gilman Interchange Improvement Project, increasing the amount of the agreement by $750,000, for a total not-to-exceed amount of $1,250,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

Council Consent Items
Tuesday, November 29, 2022 AGENDA Page 5

7. Budget Referral: Strawberry Creek Lodge Food Program From: Mayor Arreguin (Author), Councilmember Taplin (Author) Recommendation: Refer to the December 2022 Annual Appropriations Ordinance (AAO) budget process $50,000 for the Strawberry Creek Lodge Food Program.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

8. Grant Approval: San Francisco Foundation to support the Equitable Black Berkeley Initiative
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept a $75,000 grant award from the San Francisco Foundation to renew the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative, a community-led process to develop a reparative approach to new development at the Ashby BART Station and Adeline Corridor, with the goal of maximizing affordability of new housing.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

9. Excused Absence for Councilmember Ben Bartlett
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Ben Bartlett from the September 29, 2022 Council meeting as a result of illness.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Co uncil.

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will req uest that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.

Action Calendar – Public Hearings
Tuesday, November 29, 2022 AGENDA Page 6
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested i n speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

10. Renewal of the Solano Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District for 2022-2023 and, if no majority protest exists, levy annual assessments in the District for calendar year 2023 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

11. Referral Response: Amendments to the Sign Ordinance to Clarify Procedures and to Establish a Coordinated Sign Design Program, and Establish a New Fee for Coordinated Sign Design Programs
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion:

1. Adopt the first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Title 20 [Signs] to clarify design review procedures for signs, establish an optional Coordinated Sign Design program, and amend Section 20.12.070 [Issuance authorized when] and Section 23.204.070B [Design Review – When required] to provide internal consistency; and

2. Adopt a Resolution amending Resolution No. 67,985-N.S., the Land Use Planning Fee schedule, to add a new Coordinated Sign Design Program Fee.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

12. Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,839-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in Berkeley Municipal Code Chapters 19.28, 19.29, 19.30, 19.32, 19.34,

19.36 and 19.37, and adopting related procedural and stricter provisions.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – Public Hearings
Tuesday, November 29, 2022 AGENDA Page 7

13. Re-enactment of the Berkeley Housing Code; Repealing Chapter 12.48 and Repealing and Re-enacting Chapter 19.40
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,840-N.S. to repeal Berkeley Municipal Code (BMC) Chapter 12.48 (Residential Rental Housing Safety Program), and to repeal and re-enact BMC 19.40 (Berkeley Housing Code), incorporating BMC Chapter

12.48 into BMC Chapter 19.40.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

14. Return to In-Person City Council Meetings and Status of Meetings of City Legislative Bodies
From: City Manager
Recommendation: Review the public health meeting protocols and advise on any revisions to be implemented for the return to in-person regular meetings at the December 6, 2022 regular meeting.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

15. Adeline Street at Ashby BART Conceptual Design
From: City Manager
Recommendation: Adopt a Resolution approving the Plaza with Two-Lane Adeline option as the conceptual design for a street reconfiguration and new plaza along Adeline Street between Ashby Avenue and Martin Luther King Jr. Way, and authorizing the City Manager to direct staff to proceed with the detailed engineering design of the project.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Information Reports

16. Climate Action Plan and Resilience Update
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

17. City Policies for Managing Parking Around BART Stations From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

18. Fair Campaign Practices Commission FY2022-2023 Work Plan From: Fair Campaign Practices Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

Information Reports
Tuesday, November 29, 2022 AGENDA Page 8

19. Open Government Commission FY2022-2023 Work Plan
From: Open Government Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Se rvice to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Tuesday, November 29, 2022 AGENDA Page 9

Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 17, 2022.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #15: Adeline Street at Ashby BART Conceptual Design

1. Ryan Lau, on behalf of the Alameda-Contra Costa Transit District No Right Turn on Red

2. Riti Dhesi

3. Ned Himmel

4. Laralynn and Joe Rapoza

Harriet Tubman Terrace Apartments

5. Darinxoso Oyamasela

Homelessness and Encampments

6. Friends of Five Creeks (3)

7. Craig Nagasaw

8. John Caner, Downtown Berkeley Associations

9. Susana Garcia

PCI Street Conditions

10. David Lerman (2)

11. Marna Braunstein Clark

Hopkins Street Corridor

12. Nancy Lewis

26-Story Building in Central Berkeley

13. Dorothea Dorenz

Tuesday, November 29, 2022 AGENDA Page 10
EV Micro-Mobility Vehicles

14. Bernard Marszalek

Traffic Safety at Cedar and California

15. David Lerman

Bring Back Transit Bus 80

16. Jovanka Beckles

Berkeley Waterfront and Marina Area

17. Camille Antinori, David Fielder and Gordon Stout

Recruitment of Commissioners for the Commission on Aging

18. George Porter, Chair, Commission on Aging
Support for Repairs to La Pena Cultural Center

19. Natalia Neira and Tara Dalbo, Executive & Deputy Executive Director

Illegal Dumping

20. Alice Rosenthal

Implement Ceasefire in Berkeley

21. Diana Bohn

People’s Park

22. Susana Lamaina

23. Joshua Hart

24. Susan Stevens

25. Sandra Morey

26. Norma Harrison

Cannabis Policy

27. Getting It Right From The Start

North Berkeley BART Developer Selection

28. John Parman

29. Peggy Radel

Berkeley Half Marathon Impacts

30. Alexander Merenkow

Climate Change

31. Vivian Warkentin

Proposed Proclamation, in Honor of Barbara Ann White

32. Moni Law (2)

Tuesday, November 29, 2022 AGENDA Page 11
End the Eviction Moratorium

33. Jeannie Llewellyn

34. May Fong

35. Daniel Gonzalez

PRA Request

36. Nathan Mizell

37. Dee Williams-Ridley

Berkeley City Council Meeting Comment

38. Peter Goldman

Berkeley Police Department Superior Customer Service

39. Pauline Russo Cutter, Mayor of San Leandro
Golden Gate Fields Stable Code Violations

40. T. Conrad

Measure L

41. Jeffrey Heller

Housing Element

42. 9 similarly-worded from letters
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said de adline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Ordinance No. 7,841-N.S. Page 1 of 1
ORDINANCE NO. 7,841-N.S.

PUBLIC SEWER EASEMENT AND INSTALLATION WITH PAULONIA INVESTMENT, LLC AND LITTLE TREE INVESTMENT, INC. FOR EXTENDING OPERATING, MAINTAINING AND ACCESSING SEWER PIPE FACILITIES ON APN 063-2969-034-23 BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the City Manager and City Clerk are hereby authorized and directed to make, execute and deliver for and on behalf of the City of Berkeley, as its corporate act and under its corporate name and seal, public sewer easement deed and installation agreement with Paulonia Investment, LLC and Little Tree Investment, Inc. for extending, operating, maintaining and accessing sewer pipe facilities on over a portion of APN 063- 2969-034-23, a copy of which easement agreement is attached hereto, (Exhibit A) made a part hereof.

Section 2. That the City Clerk is hereby authorized and directed to cause the executed public sewer and access easement deed and installation agreement to be recorded in the Official Records of Alameda County, California.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation
At a regular meeting of the Council of the City of Berkeley held on November 15, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Exhibit A – Public Easement 1
EXHIBIT “A”
LEGA

L DESCRIPTION

EASEMENT

REAL PROPERTY IN THE CITY OF BERKELEY, COUNTY OF ALAMEDA COUNTY, STATE OF CA
LIFORNIA, DESCRIBED AS FOLLOWS.

A STRIP OF LAND, 8 FEET WIDE, OVER A PORTION OF LOT 1, AS SHOWN ON THE LOT LINE ADJUSTMENT NO. 296, RECORDED JANUARY 2, 2018, AS SERIES NUMBER 2018-000094, IN

THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, STATE OF CALIFORNIA, THE SOUTHEASTERLY SIDELINE BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1;

THENCE ALONG THE EXTERIOR LINES OF SAID LOT 1 THE FOLLOWING THREE (3) COURSES:

NORTH 45°23'34" EAST 30.95 FEET;

NORTH 58°21'37" EAST 60.85 FEET;

NORTH 45°23'34" EAST 74.70 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 1 ;

THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO BEGIN ON THE SOUTHWESTERLY LINE OF SAID LOT 1 AND TO TERMINATE ON THE NORTHEASTERLY LINE OF SAID LOT 1.

CONTAINING AN AREA OF APPROXIMATELY 1,325 SQUARE FEET.

EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART OF THIS DESCRIPTION.

END O

F DESCRIPTION

Ordinance No. 7,842-N.S. Page 1 of 1
ORDINANCE NO. 7,842-N.S.

PUBLIC SEWER AND ACCESS ROAD EASEMENT AND INSTALLATION WITH

JAMES ROBERT HIGGINS FOR EXTENDING, OPERATING, MAINTAINING AND ACCESSING SEWER PIPE FACILITIES ON 1033 MILLER AVENUE (APN 063-2969- 034-25)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the City Manager and City Clerk are hereby authorized and directed to make, execute and deliver for and on behalf of the City of Berkeley, as its corporate act and under its corporate name and seal, public sewer and access road easement deed and installation agreement with James Robert Higgins for sanitary sewer facilities on 1033 Miller Avenue (APN 063-2969-034-25) a copy of which easement agreement is attached hereto, (Exhibit A) made a part hereof.

Section 2. That the City Clerk is hereby authorized and directed to cause the executed public sewer and access road easement deed and installation agreement to be recorded in the Official Records of Alameda County, California.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on November 15, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Exhibit A – Public Easement 2
EXHIBIT “A”

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF BERKELEY, COUNTY OF ALAMEDA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS.

PUBLIC SEWER EASEMENT

REAL PROPERTY IN THE CITY OF BERKELEY, COUNTY OF ALAMEDA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS.

BEING A PORTION OF LOT 3, AS SHOWN ON THE LOT LINE ADJUSTMENT NO. 296, RECORDED JANUARY 2, 2018, AS SERIES NUMBER 2018-000094 IN THE OFFICE OF THE

COUNTY RECORDER OF ALAMEDA COUNTY, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 3;
THENCE ALONG THE EXTERIOR LINES OF SAID LOT 3 THE FOLLOWING FOUR (4) COURSES:

NORTH 45°23'34" EAST 30.95 FEET;
NORTH 58°21'37" EAST 60.85 FEET;
NORTH 45°23'34" EAST 86.80 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 ; THENCE ALONG THE EASTERLY LINE OF SAID LOT 3 SOUTH 07°56'46" EAST 42.39 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 3 AT RIGHT ANGLES, SOUTH 82˚03’14” WEST 16.38;
THENCE NORTH 44°36'26" WEST 20.22 FEET;
THENCE SOUTH 45°23'34" WEST 48.80 FEET;
THENCE SOUTH 58°21'37" WEST 60.85 FEET;
SOUTH 45°23'34" WEST 31.48 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, SAID POINT LIES ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 166.95 FEET; A RADIAL LINE TO SAID POINT BEARS NORTH 59˚54’10” EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 4.12 FEET, THROUGH A CENTRAL ANGLE OF 01˚24’49” TO THE POINT OF BEGINNING.

CONTAINING AN AREA OF APPROXIMATELY 1,376 SQUARE FEET.

Exhibit A – Public Easement 2

PUBLIC SEWER ACCESS EASEMENT
BEING A PORTION OF LOT 3, AS SHOWN ON THE LOT LINE ADJUSTMENT NO. 296, RECORDED JANUARY 2, 2018, AS SERIES NUMBER 2018-000094 IN THE OFFICE OF THE

COUNTY RECORDER OF ALAMEDA COUNTY, STATE OF CALIFORNIA BEING DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 3 DISTANT THEREON SOUTH 7˚56’46” EAST 42.39 FEET FROM THE MOST NORTHERLY CORNER SAID LOT 3; THENCE LEAVING SAID EASTERLY LINE OF LOT 3 AT RIGHT ANGLES, SOUTH 82˚03’14” WEST 16.38 TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 64.00 FEET; A RADIAL LINE TO SAID POINT BEARS NORTH 83˚33’35” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 62.33 FEET, THROUGH A CENTRAL ANGLE OF 55˚48’09” TO EASTERLY LINE OF SAID LOT 1;
THENCE ALONG THE EXTERIOR LINES OF SAID LOT 1 THE FOLLOWING TWO (2) COURSES:

1. NORTH 5˚18’49” WEST, 51.96 FEET;

2. NORTH 7˚56’46” WEST, 6.33 FEET TO THE POINT OF BEGINNING.

CONTAINING AN AREA OF APPROXIMATELY 785 SQUARE FEET.

END OF DESCRIPTION

Ordinance No. 7,843-N.S. Page 1 of 1
ORDINANCE NO. 7,843-N.S.

ACCESS ROAD EASEMENT AND INSTALLATION WITH PAULONIA INVESTMENT, LLC AND LITTLE TREE INVESTMENT, INC. ON APN: 063-2969-034-44 FOR

ACCESSING SEWER PIPE FACILITIES
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the City Manager and City Clerk are hereby authorized and directed to make, execute and deliver for and on behalf of the City of Berkeley, as its corporate act and under its corporate name and seal, access road easement deed and installation agreement
with Paulonia Investment, LLC and Little Tree Investment, Inc. on APN 063- 2969-034-44, a copy of which easement agreement is attached hereto, (Exhibit A) made a part hereof.

Section 2. That the City Clerk is hereby authorized and directed to cause the executed access road easement deed and installation agreement to be recorded in the Official Records of Alameda County, California.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on November 15, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Exhibit A – Public Easement 3

EXHIBIT “A”
LEGA

L DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF BERKELEY, COUNTY OF ALA
MEDA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS.

PUBLIC SEWER ACCESS EASEMENT NO. 1

BEING A PORTION OF PARCEL “A”, AS SHOWN ON THE LOT LINE ADJUSTMENT NO. 339, REC
ORDED SEPTEMBER 13, 2019, AS SERIES NUMBER 2019-182632 IN THE OFFICE OF THE

COUNTY RECORDER OF ALAMEDA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGI
NNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL “A” DISTANT THEREON NORTH 26˚47’51” EAST 2.00 FEET FROM THE MOST SOUTHERLY CORNER SAID PARCEL “A”;

THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL “A”, NORTH 63˚20’39” WEST, 116.55 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 64.00 FEET;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 15.62 FEET, THROUGH A CENTRAL ANGLE OF 13˚58’55” TO WESTERLY LINE OF SAID PARCEL “A”;

THENCE ALONG THE WESTERLY LINE OF PARCEL “A”, NORTH 5˚18’49” WEST, 30.79

FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68˚05’19” EAST, SAID POINT HEREINAFTER SHALL BE KNOWN AS POINT “A”;

THENCE SOUTHEASTERLY ALONG THE ARC OF LAST SAID CURVE, 34.71 FEET, THROUGH A CENTRAL ANGLE OF 41˚25’58”;

THENCE SOUTH 63˚20’39” EAST, 116.59 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL “A”;

THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL “A”, SOUTH 26˚47’51” WEST, 16.00 FEET TO THE POINT OF BEGINNING.

CONTAINING AN AREA OF APPROXIMATELY 2,240 SQUARE FEET.

Exhibit A – Public Easement 3
PUBLIC SEWER ACCESS EASEMENT NO. 2
BEING A PORTION OF PARCEL A, AS SHOWN ON THE LOT LINE ADJUSTMENT NO. 339, RECORDED SEPTEMBER 13, 2019, AS SERIES NUMBER 2019-182632 IN THE OFFICE OF THE

COUNTY RECORDER OF ALAMEDA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT AFORESAID POINT “A”, SAID POINT LYING ON WESTERLY LINE OF SAID PARCEL “A”;
THENCE ALONG THE EXTERIOR LINES OF SAID PARCEL “A” THE FOLLOWING THREE (3) COURSES:

1. NORTH 5˚18’49” WEST, 21.18 FEET;

2. NORTH 7˚56’46” WEST, 20.68 FEET;

3. SOUTH 63˚20’39” WEST, 22.96 FEET;
THENCE SOUTH 26˚39’21” WEST, 34.99 FEET TO THE POINT OF BEGINNING.

CONTAINING AN AREA OF APPROXIMATELY 392 SQUARE FEET.

END OF DESCRIPTION

Ordinance No. 7,844-N.S. Page 1 of 7
ORDINANCE NO. 7,844–N.S.

ADDING CHAPTER 11.63 TO THE BERKELEY MUNICIPAL CODE TO REGULATE

THE USE OF CARRYOUT AND PRE-CHECKOUT BAGS AND PROMOTING THE USE

OF REUSABLE BAGS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Chapter 11.63 of the Berkeley Municipal Code is added to read as follows:

Chapter 11.63

REGULATING THE USE OF CARRYOUT AND PRE-CHECKOUT BAGS AND

PROMOTING THE USE OF REUSABLE BAGS
Sections:

11.63.010 Findings and purpose.

11.63.020 Definitions.

11.63.030 Carryout Bag restrictions for Covered Entities.

11.63.040 Carryout Bag restrictions for Restaurants

11.63.050 Pre-checkout Bag restrictions for Food Product Stores and Covered Entities.

11.63.060 Unreasonable denial of customer bags or containers.

11.63.070 General exemptions.

11.63.080 Waivers—applicability and process to obtain.

11.63.090 Carry-out bag restrictions for the City of Berkeley and City-sponsored events.

11.63.100 Duties, responsibilities and authority of the City of Berkeley.

11.63.110 Liability and enforcement.

11.63.120 Severability.

11.63.130 Construction.

11.63.140 Effective date.

Ordinance No. 7,844-N.S. Page 2 of 7

11.63.010 Findings and purpose.

The Council of the City of Berkeley finds and declares as follows:

A. Single-use plastic bags and plastic produce bags are a significant contributor to street litter, ocean pollution, marine and other wildlife harm and their production creates greenhouse gas emissions.

B. The production, consumption and disposal of plastic-based bags contribute significantly to the depletion of natural resources. Plastics in waterways and oceans break down into smaller pieces that are not biodegradable, and present a great harm to the global environment.

C. Among other hazards, plastic debris attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that is eventually sold for human consumption. Certain plastic bags can also contain microplastics that present a great harm to our seawater and freshwater life, which indirectly presents a threat to human life.

D. It is in the interest of the health, safety and welfare of all who live, work and do business in the City that the amount of litter on public streets, parks and in other public places be reduced.

E. The City of Berkeley must eliminate solid waste at its source and maximize recycling and composting in accordance with its Zero Waste Goals. Reduction of plastic bag waste furthers this goal.

F. The State of California and Alameda County Waste Management Authority both regulate single-use, paper, and reusable carryout bags respectively under SB 270/Proposition 67 and Ordinance 2012-02 (as amended by Ordinance 2016-02).

However, neither currently address all establishments or pre-checkout (e.g., produce) bags to carry fruits, vegetables, and other loose or bulky items while shopping before reaching the checkout area. These bags, which are often plastic, share many of the same physical qualities as single-use plastic carryout bags no longer permitted in California, and are difficult to recycle, reuse or compost.

G. The State also does not regulate the price of bags provided at the point of sale by restaurants and streets events, including farmers’ markets. While the County’s Ordinance 2016-02 regulates restaurant carryout bags, it allows thicker film plastic.

H. The City of Berkeley currently regulates a number of disposable plastic items through the Single-Use Foodware and Litter Reduction Ordinance (Ord. 7639-NS § 1 (part), 2019), but does not impose regulations with respect to bags. It is in the public interest to reduce plastic and paper waste in areas not preempted by the State of California.

I. This Chapter is consistent with the City of Berkeley’s 2009 Climate Action Plan, the County of Alameda Integrated Waste Management Plan, as amended, and the CalRecycle recycling and waste disposal regulations contained in Titles 14 and 27 of the California Code of Regulations.

11.63.020 Definitions.

A. “Accepted Compostable Pre-Checkout Bag” means a bag that is accepted by the City’s compost facility as having the requisite and appropriate physical qualities for controlled biological decomposition in conjunction with other organic solid waste.

Ordinance No. 7,844-N.S. Page 3 of 7
B. “Carryout Bag” means a bag provided at the check stand, cash register, point of sale or other location for the purpose of transporting food or merchandise out of a Covered Entity or Restaurant. Carryout Bags do not include Pre-checkout or Product Bags.

C. “Covered Entity” means any of the following:
(1) any event, or Person therein, requiring a street event permit pursuant to Berkeley Municipal Code 13.44.040 and not subject to the requirements of Public Resources Code Section 42281; and
(2) any other commercial establishment other than a Restaurant that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer, and that is not subject to the requirements of Public Resources Code Section 42281.

D. “Customer” means any Person obtaining goods from a Covered Entity, Food Product Store or Restaurant.

E. “Food Product Store” means a supermarket, convenience food store, foodmart, or other entity engaged in the retail sale of goods that include perishable and nonperishable food items, and with a total floor area over 2,500 square feet.

F. “Person” means an individual, firm, public or private corporation, limited liability company, partnership, industry or any other entity whatsoever.

G. "Pre-checkout Bag" means a Recycled Content Paper Bag, Accepted Compostable Pre-Checkout Bag, or plastic film bag provided or sold to a customer to carry produce, bulk food, or other food items to the point of sale inside a store.

H. "Product Bags” are bags that are integral to the packaging of a product such as film; bags used to fully encapsulate liquid or semi-liquid takeout food items (e.g., soup containers) to prevent spillage; bags to hold prescription medication dispensed from a pharmacy; or bags designed to be placed over articles of clothing on a hanger at dry cleaning or laundry facility.

I. “Recycled Content Paper Bag” means either a Carryout Bag provided by a Covered Entity or a Pre-checkout Bag provided by a Food Product Store that contains no old growth fiber and a minimum of forty percent (40%) postconsumer recycled material; is one hundred percent (100%) recyclable and compostable, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; and has printed in a highly visible manner on the outside of the bag the words; “Recyclable,” the name and location of the manufacturer, and the percentage of postconsumer recycled content.

J. "Reusable Carryout Bag” means a bag that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:
(1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet;
(2) has a minimum volume of 15 liters;
(3) is washable by hand or machine, or is made from a material that can otherwise be cleaned or disinfected;
(4) does not contain lead, cadmium or any other heavy metal in toxic amounts, as defined by applicable state and federal standards and regulations for packaging or reusable bags;
(5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a

Ordinance No. 7,844-N.S. Page 4 of 7
statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) is not made of plastic film, regardless of thickness.

K. “Restaurant” means a food or take-out food establishment (including, but not limited to, food sales from vehicles or temporary facilities open to the public) that sells prepared food directly to a customer and is not subject to the requirements of Public Resources Code Section 42281.

L. “Reusable Pre-checkout Bag” means a bag that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:
(1) is washable by hand or machine, or is made from a material that can otherwise be cleaned or disinfected;
(2) does not contain lead, cadmium or any other heavy metal in toxic amounts, as defined by applicable state and federal standards and regulations for packaging or reusable bags;
(3) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (4) is not made of plastic film, regardless of thickness.

11.63.030 Carryout Bag restrictions for Covered Entities.

A. No Covered Entity shall provide or sell a Carryout Bag other than Recycled Content Paper Bags or Reusable Carryout Bags at the check stand, cash register, point of sale or other location to a Customer for the purpose of transporting food or merchandise out of such Covered Entity.

B. A Covered Entity may provide or make available for sale to a Customer a Recycled Content Paper Bag, provided that the Covered Entity charge a minimum of ten cents ($0.10) per bag.

11.63.040 Carryout Bag restrictions for Restaurants.

A Restaurant providing a Customer with plastic film Carryout Bag, at the Customer’s request, in order to carry leftovers after sit-down meal service, shall charge a minimum of ten cents ($0.10) per bag.

11.63.050 Pre-checkout Bag restrictions and requirements for Food Product Stores and Covered Entities.

A. A Food Product Store providing a Customer with plastic film Pre-checkout Bags, or Pre-checkout Bags deemed not to be Accepted Compostable Pre-Checkout Bags, shall charge a minimum of ten cents ($0.10) per bag. Food Product Stores shall consider providing appropriate signage detailing procedures for acquiring and purchasing such bags. Food Product Stores providing Pre-checkout Bags deemed not to be Accepted Compostable Pre-checkout Bags pursuant to this Chapter shall provide signage notifying customers that such bags are not composted and are sent to landfill, and indicating availability of options such as bringing their own bag, or acquiring Recycled Content Paper or Reusable Pre-Checkout Bags.

B. Notwithstanding subsection A, Covered Entities and Food Product Stores may provide plastic film bags as Pre-checkout Bags to Customers free of charge for the sole purpose of separating meats and seafood only upon the specific request of a Customer.

Ordinance No. 7,844-N.S. Page 5 of 7
Covered Entities shall not proactively offer Customers plastic film Pre-checkout Bags for such uses.

C. Food Product Stores may provide Recycled Content Paper or Accepted Compostable Pre-checkout Bags free of charge in produce and other aisles.

D. Food Product Stores shall make reasonable efforts to stock and make Reusable Pre- checkout Bags available or for sale.

E. A state law (SB 1046) scheduled to take effect on January 1, 2025 will preempt this Section 11.63.050 with respect to Food Product Stores. At that point, this Section

11.63.050 shall only apply to Covered Entities unless SB 1046 is repealed or otherwise amended.

11.63.060 Unreasonable denial of customer bags or containers.

Any establishment regulated by Public Resources Code Section 42281, Alameda County Waste Management Authority Ordinance 2016-02, or this Chapter, except Restaurants with respect to takeout orders, shall not unreasonably deny a customer from using bags or containers of any type that they bring themselves, including in lieu of using bags or containers provided by the establishment. However, establishments may refuse, at their sole discretion, any customer-provided bag or container that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended food item, or that appears to be excessively soiled or unsanitary. If the customer accepts store-provided bags or containers in lieu, any charge required pursuant to this ordinance, other applicable law, or the establishment’s policy will apply.

11.63.070 General exemptions.

A. Bags exempt from this Chapter include Product Bags, bags sold in packages containing multiple bags such as those intended for use as garbage, pet waste bags, yard waste bags, and bags which are integral to the use of other objects.

B. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the establishment themselves or from carrying away merchandise or materials that are not placed in a bag at point of sale, in lieu of using bags provided by the establishment.

C. Notwithstanding the requirements of Sections 11.63.30 and 11.63.40, Covered Entities and Food Product Stores, except as subject to the requirements of Public Resources Code Section 42281, providing Recycled Content Paper Bags as Carryout Bags at the point of sale or Pre-Checkout Bags before the point of sale, shall provide such bags at no cost to a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code; a Customer participating in Calfresh pursuant to Chapter 1 commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code; and a Customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code.

11.63.080 Waivers—applicability and process to obtain.

A. The City Manager shall prescribe and adopt rules, regulations and forms for Covered Entities or Food Product Stores to obtain a partial waiver from any requirement of this ordinance upon sufficient evidence by the applicant that the provisions of this

Ordinance No. 7,844-N.S. Page 6 of 7
Chapter would cause undue hardship. The phrase "undue hardship" may include, but is not limited to situations where compliance with the requirements of this Chapter would deprive a person of a legally protected right.

B. Waivers may be granted by the City Manager or their designees, based upon documentation provided by the applicant and, at the City Manager’s discretion, independent verification, including site visits.

C. The City Manager or their designees shall act on a waiver application no later than 90 days after receipt of such application, including mailing written notification of the City Manager’s decision to the address supplied by the applicant.

11.63.090 Carry-out bag restrictions for the City of Berkeley and City-sponsored events.

The City of Berkeley and any City-sponsored event shall provide or sell to a Customer or participant only Recycled Content Paper Bags or Reusable Carry-out Bags for the purpose of carrying away goods or other materials from the point of sale or event.

11.63.100 Duties, responsibilities and authority of the City of Berkeley.

The City Manager or their designee shall prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this Chapter and is hereby authorized to take any and all actions reasonable and necessary to enforce this Chapter including, but not limited to, inspecting any Covered Entity or Food Product Store’s premises to verify compliance.

11.63.110 Liability and enforcement.

A. Anyone violating or failing to comply with any requirement of this Chapter may be subject to an Administrative Citation pursuant to Chapter 1.28 or charged with an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code; however, no administrative citation may be issued or infraction charged for violation of a requirement of this Chapter until one year after the effective date of such requirement.

B. Enforcement shall include written notice of noncompliance and a reasonable opportunity to correct or to demonstrate initiation of a request for a waiver or waivers pursuant to Section 11.63.060.

C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter.

D. The remedies and penalties provided in this section are cumulative and not exclusive.

11.63.120 Severability.

If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that

Ordinance No. 7,844-N.S. Page 7 of 7
any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

11.63.130 Construction.

This Chapter is intended to be a proper exercise of the City’s police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-city or interstate commerce. It shall be construed in accordance with that intent.

11.63.140 Effective date.

A. Sections 11.63.040 and 11.63.050 shall take effect January 1, 2023.

B. Section 11.63.090 shall take effect January 1, 2023.

C. All other provisions in this ordinance are effective June 30, 2023.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on November 15, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Office of the City Attorney

CONSENT CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council Madame City Manager
From: Farimah Faiz Brown, City Attorney
Subject: Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

RECOMMENDATION
Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, and November 3, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
The City Council made the initial findings required under the Government Code on September 28, 2021. The Council must make the findings every thirty days in order to continue to meet exclusively through video conference or teleconference.

Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88.040, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. On March 4, 2020, Governor Gavin Newsom issued a Proclamation

of a State of Emergency due to the spread of COVID-19. On March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20, which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) related to the holding of teleconferenced meetings by City legislative bodies. Among other things, Executive Order N-29-20 suspended requirements that each location from which an official accesses a teleconferenced meeting be accessible to the public.

These changes were necessary to allow teleconferencing to be used as a tool for ensuring social distancing. City legislative bodies have held public meetings via videoconference and teleconference pursuant to these provisions since March 2020.

These provisions of Executive Order N-29-20 will expire on September 30, 2021.

COVID-19 continues to pose a serious threat to public health and safety. There are now over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Additionally, the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease.

As a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination. Holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time
Assembly Bill 361 (Rivas), signed into law by Governor Newsom on September 16, 2021, amended a portion of the Brown Act (Government Code Section 54953) to authorize the City Council, during the state of emergency, to determine that, due to the spread of COVID-19, holding in-person public meetings would present an imminent risk to the health or safety of attendees, and therefore City legislative bodies must continue to meet via videoconference and teleconference. Assembly Bill 361 requires that the City Council must review and ratify such a determination every thirty (30) days.

Therefore, if the Council passes this resolution on November 29, 2022, the Council will need to review and ratify the resolution by December 29, 2022.

This item requests that the Council review the circumstances of the continued state of emergency posed by the spread of COVID-19, and find that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination. This item further requests that the Council determine that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference

and teleconference, and that City legislative bodies shall continue to comply with all provisions of the Brown Act, as amended by SB 361.

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,700 confirmed cases of COVID-19 and at least 57 deaths in the City of Berkeley.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) to allow teleconferencing of public meetings to be used as a tool for ensuring social distancing. As a result, City legislative bodies have held public meetings via teleconference throughout the pandemic. The provisions of Executive Order N-29-20 allowing teleconferencing to be used as a tool for social distancing will expire on September 30, 2021.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the City Council and its committees, and City boards and commissions to continue to hold public meetings via videoconference and teleconference in order to continue to socially distance and limit the spread of COVID-

19. ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Mark Numainville, City Clerk, (510) 981-6908
Attachments:1: Resolution Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

RESOLUTION NO. –N.S.

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(E)(3) AND DIRECTING CITY LEGISLATIVE BODIES TO

CONTINUE TO MEET VIA VIDEOCONFERENCE AND TELECONFERENCE WHEREAS, in accordance with Berkeley Municipal Code section 2.88.040 and sections 8558(c) and 8630 of the Government Code, which authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a City exist, the City Manager, serving as the Director of Emergency Services, beginning on March 3, 2020, did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency pursuant to the California Emergency Services Act, in particular, Government Code section 8625; and
WHEREAS, the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect; and
WHEREAS, on September 16, 2021, Governor Newsom signed into law AB 361, which authorizes the City Council to determine that, due to the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley; and
WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, as a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination; and

WHEREAS, holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time; and WHEREAS, the City Council made the initial findings required by the Government Code on September 28, 2021; and
WHEREAS, the City Council made subsequent findings required by the Government Code on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, and November 3, 2022; and
WHEREAS, the City Council will need to again review the need for the continuing necessity of holding City legislative body meetings via videoconference and teleconference by December 29, 2022.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that, pursuant to Government Code section 54953, the City Council has reviewed the circumstances of the continued state of emergency posed by the spread of COVID-19, and finds that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination.

BE IT FURTHER RESOLVED that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference and teleconference.

BE IT FURTHER RESOLVED that all City legislative bodies shall comply with the requirements of Government Code section 54953(e)(2) and all applicable laws, regulations and rules when conducting public meetings pursuant to this resolution.

Office of the City Manager

CONSENT CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Ridley-Williams, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Amend I-80 Gilman Interchange Improvement project funding agreement, Contract No. 42200065 (Agreement A22-0056) with Alameda County Transportation Commission (Alameda CTC)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to the existing Contract No. 42200065 (Agreement A22-0056) with Alameda CTC (Attachment 1) and any other amendments to fix drainage and grading issues for the future fire lane on 3rd Street between Gilman and Camelia Streets as part of the I-80 Gilman Interchange Improvement Project, increasing the amount of the agreement by $750,000, for a total not-to-exceed amount of $1,250,000.

FINANCIAL IMPLICATIONS
The City currently has an agreement with Alameda CTC for the retention of $500,000 of the City’s FY 2021-22 Measure BB DLD LSR Program funds to cover certain costs related to management and/or oversight incurred by Alameda CTC associated with the I-80 Gilman Interchange Improvement Project. Amending this agreement to increase the amount of retention by $750,000 over and above the existing $500,000 for a total not-to-exceed amount of $1,250,000 will cover the cost of additional work necessary along the portion of 3rd Street between Gilman and Camelia streets. The source of the additional $750,000 will also be Measure BB DLD LSR Program funds. The withholding of the funds will begin in the latter part of FY 2023. The City’s projected allocation of FY 2023 Measure BB funds was fully allocated into the City’s Five-Year CIP plan, across several different projects. Prioritizing the Measure BB DLD LSR funds to cover cost increases to the I-80 Gilman Interchange Improvement Project may impact the timing, fund sources, or scope of one or more projects. Therefore, City staff will evaluate project schedules and eligible fund sources to minimize the impact on other projects.

CURRENT SITUATION AND ITS EFFECTS
Construction of the I-80 Gilman Interchange Improvement Project started in July 2021 for Phase 1 and in July 2022 for Phase 2. As part of Phase 2 of the project, 3 rd St. between Gilman and Camelia streets will be converted into a fire access lane. This access lane needs to be compliant with city/state standards for accommodating emergency vehicles including fire trucks. To address the shortcomings of this section of 3 rd Street, issues

Amendment: I-80 Gilman Interchange Improvement CONSENT CALENDAR Project funding agreement A22-0056 November 29, 2022 relating to the grading and drainage of this stretch of 3rd Street require repair. To that end, the necessary engineering and construction costs are estimated at $750,000.

BACKGROUND
I-80 Gilman Interchange Improvement Project proposes to improve vehicle, pedestrian, and bicycle operations at the Interstate 80 (I-80) / Gilman Street interchange in northwest Berkeley. The existing intersection controls, roadway geometry, and the high volume of local and regional traffic on Gilman Street result in poor traffic operation and non- motorized access at and near the interchange. The goals of the interchange project are to:
 Simplify and improve navigation and traffic operations on Gilman Street between the West Frontage Road and 2nd Street through the I-80 interchange so that congestion is reduced, queues are shortened, and merging and turning conflicts are minimized;
 Improve access for the bikes/pedestrians traveling between the Bay Trail and Northern Berkeley;
 Improve safety at Gilman Street intersections between West Frontage Road and 4th Street;
 Improve mobility in the Gilman Street corridor; and
 Create a Gateway into North Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Fixing the grading and drainage issues of the portion of 3rd Street between Gilman and Camelia Streets will improve efficient filtration of surface water and its treatment before it reaches the bay.

RATIONALE FOR RECOMMENDATION
To provide an accessible fire lane, issues with the existing road surface on 3rd Street between Gilman and Camelia Streets need to be addressed.

ALTERNATIVE ACTIONS CONSIDERED
No other alternatives were possible so none were considered.

CONTACT PERSON
Hamid Mostowfi, Supervising Traffic Engineer, Public Works, 510-981-6403 Farid Javandel, Deputy Director of Transportation, Public Works, 510-981-7061 Attachments:

1. Resolution

2. Amendment No.1: Memorandum of Understanding between Alameda CTC and City of Berkeley I-80 Gilman Interchange Improvement Project

Amendment: I-80 Gilman Interchange Improvement CONSENT CALENDAR Project funding agreement A22-0056 November 29, 2022 RESOLUTION NO. ##,###-N.S.

AMEND CONTRACT NO. 42200065 (AGREEMENT A22-0058) WITH ALAMEDA

COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) TO COVER THE COST OF FIXING DRAINAGE AND GRADING ISSUES ON 3rd STREET BETWEEN

GILMAN AND CAMELIA STREETS
WHEREAS, the I-80 Gilman Interchange Improvement Project, a City of Berkeley strategic plan goal, is in the process of being constructed; and WHEREAS, Alameda CTC and the City of Berkeley entered into a Memorandum of Understanding which was fully executed on June 21, 2022, regarding Alameda CTC’s retention of up to $500,000 of the City’s fiscal year 2021-22 Measure BB DLD LSR Program funds to cover certain costs related to management and/or oversight incurred by Alameda CTC associated with the I-80 Gilman Interchange Improvement Project which is being constructed in two phases; and
WHEREAS, the City, in consultation with Alameda CTC, is implementing Phase 2 related to improvements adjacent to and through the Union Pacific Railroad crossing at Gilman Street, on property owned by the City of Berkeley at 3 rd Street between Gilman Street and Camelia Street which is slated to become a fire access lane; and WHEREAS, 3rd Street is a gravel road with substandard surface grades and inadequate drainage facilities, and to address and fix the grading and drainage issues of this section of 3rd Street civil work needs to be performed; and
WHEREAS, the City and Alameda CTC have agreed that in addition to the funding currently authorized by Agreement A22-0058, Alameda CTC will retain, set aside, and expend up to $750,000 of the City’s FY 2022-23 Measure BB DLD LSR Program funds to cover costs associated with the scope of work proposed by the City on 3rd Street between Gilman and Camelia Streets in Phase 2 of the project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 42200065 (Agreement A22-0058) with Alameda CTC and any other amendments, increasing the amount of the agreement by $750,000 for a total not-to-exceed amount of $1,250,000.

Alameda CTC Agreement No. A22-0056
Project No. 1381000
Amendment No. 1
1 28136634.1/513119.0243
AMENDMENT NO. 1
TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

ALAMEDA COUNTY TRANSPORTATION COMMISSION
AND

CITY OF BERKELEY
I-80 GILMAN INTERCHANGE IMPROVEMENT PROJECT
This AMENDMENT NO. 1 (“AMENDMENT”), effective ___, 2022, is between the Alameda County Transportation Commission (“ALAMEDA CTC”) and the City of Berkeley (“CITY”).

RECITALS
WHEREAS, ALAMEDA CTC and CITY (each a “PARTY” and together the “PARTIES”) entered into that certain Memorandum of Understanding which was fully executed on June 21, 2022 (“MOU”), regarding ALAMEDA CTC’s retention of up to $500,000 of CITY’s fiscal year 2021-22 Measure BB DLD LSR Program funds to cover certain costs related to management and/or oversight incurred by ALAMEDA CTC associated with the I-80 Gilman Interchange Improvement Project (“PROJECT”), which PROJECT is being constructed in two phases;
WHEREAS, CITY, under the direction of and in consultation with ALAMEDA CTC, is implementing Phase 2 related to improvements adjacent to and through the Union Pacific Railroad crossing at Gilman Street on property owned by the CITY, as further documented in ALAMEDA CTC’s Project Funding Agreement A21- 0005. Caltrans, under a cooperative agreement with ALAMEDA CTC, is implementing the construction of Phase 2 of the project;
WHEREAS, CITY is projected to receive $6,750,146.66 in 2014 Measure BB DLD LSR Program funds in fiscal year 2022-23;
WHEREAS, the PARTIES have agreed that in addition to the funding currently authorized by the MOU, ALAMEDA CTC will retain, set aside, and expend up to $750,000 of CITY’s fiscal year 2022-23 Measure BB DLD LSR Program funds to cover costs associated with the scope of work proposed by CITY on 3rd Street between Gilman and Camelia Streets in Phase 2 of the PROJECT, as described in Appendix A attached hereto and by this reference incorporated herein, including professional services, construction contracts, subconsultants, and costs related to management and/or oversight by ALAMEDA CTC for implementing Phase 2 of PROJECT, as a means to accomplish the PROJECT.

NOW, THEREFORE, the PARTIES mutually understand and agree to the following:

Alameda CTC Agreement No. A22-0056
Project No. 1381000
2 28136634.1/513119.0243

AMENDMENT

1. The Recitals above are true, correct and made a part hereof.

2. Capitalized terms not otherwise defined in this AMENDMENT shall have the meanings assigned in the MOU.

3. In addition to the funding agreed to pursuant to the MOU, C ITY authorizes ALAMEDA CTC to retain CITY’s fiscal year 2022-23 Measure BB DLD LSR Program funds, in an amount not-to-exceed $750,000, for the PROJECT, and to utilize these funds to pay for the costs associated with the new scope of work on 3rd Street between Gilman and Camelia Streets as described in Appendix A, including professional services, construction contracts, subconsultants, and costs related to management and/or oversight by ALAMEDA CTC for implementing the PROJECT.

4. ALAMEDA CTC shall retain and set aside $750,000 from C ITY’s fiscal year 2022-23 Measure BB DLD LSR program funds, starting with deductions from the next available monthly CITY Measure BB DLD LSR program funds distribution following the full execution of this A MENDMENT, until the full $750,000 is retained.

5. ALAMEDA CTC shall use the above-referenced $750,000 for the costs related to implementing the scope of work on 3rd Street between Gilman and Camelia Streets as described in Appendix A and Section 2 above..

6. Actual costs for work, including professional services, preparation of the construction Contract Change Order (CCO), subconsultants, and costs related to management and/or oversight by ALAMEDA CTC for implementing the scope of work on 3rd Street, as described in Appendix A, will be invoiced to the CITY. Future amendments to the MOU may be required if the actual cost exceeds the current authorized amount.

7. By executing this AMENDMENT, each Party hereby acknowledges that its governing body has given all approvals necessary therefor.

8. Except as expressly modified in this AMENDMENT, all of the terms, covenants and conditions of the MOU shall remain in full force and effect and are hereby ratified and confirmed. [ Signatures on following page]

Alameda CTC Agreement No. A22-0056
Project No. 1381000
3 28136634.1/513119.0243
In witness whereof, ALAMEDA CTC has by order caused this AMENDMENT to be subscribed by the binding authority of ALAMEDA CTC and CITY has by order caused this AMENDMENT to be subscribed by the binding authority of CITY.

CITY OF BERKELEY (CITY)
By:

Dee Williams Ridley Date
City Manager

ALAMEDA COUNTY TRANSPORTATION

COMMISSION (ALAMEDA CTC)
By:

Tess Lengyel Date
Executive Director
Recommended by:

Gary Huisingh Date
Deputy Executive Director of Projects
Reviewed as to Budget/Financial Controls by:

Patricia Reavey Date
Deputy Executive Director of Finance and
Administration
Approved as to Form and Legality:

Farimah Brown Date
CITY OF BERKELEY Counsel
Approved as to Form and Legality:

Fennemore Wendel Date
ALAMEDA CTC Counsel

Alameda CTC Agreement No. A22-0056
Project No. 1381000
A-4
28136634.1/513119.0243

APPENDIX A
PRELIMINARY SCOPE OF SERVICES FOR IMPROVEMENTS ON 3RD STREET BETWEEN

GILMAN STREET AND CAMELIA STREET
The following preliminary scope of work is prepared for the design and construction of a 12 foot wide traversable surface within the 18 foot wide Union Pacific Railroad (UPRR) easement on 3rd Street between Gilman and Camelia Streets within the limit of the I-80 Gilman Interchange Improvement Project (“PROJECT”).

Phase 2 of the PROJECT is currently in construction, and the 12 foot wide traversable surface on 3rd Street between Gilman and Camelia Streets will be constructed through a Construction Change Order (CCO) in this Phase.

Alameda CTC’s design consultant will prepare the CCO plans and estimate, and the CCO will be negotiated and implemented by the construction phase implementing agency, Caltrans.

The preliminary scope of work is based on the assumptions listed below. The preliminary scope of work will be further defined after a ground topographic survey and final CCO plans are completed. Additional scope and budget for the subject CCO may be required after the final CCO is negotiated with the Contractor and upon completion of CCO work via one or more future amendment(s) to the MOU.

Assumptions
 There is a minimum 18 foot clearance between the UPRR fence and existing buildings to construct the 12 foot wide traversable surface with a minimum 3 feet clearance from the existing buildings. The existing clearance will be verified by a ground topographic survey. If the available space cannot accommodate a 12 foot wide traversable surface or the required minimum clearances from the existing buildings., CITY will be notified to provide further direction.  The CITY will clear all private property owner abatement of present encroachments, tree removal, trash removal, obstructions, etc.
 The CITY will coordinate with emergency services, environmental utilities (i.e., trash), and other relevant entities regarding the associated improvements.  Relocation of existing utilities is not required.
 The existing features, such as billboard/concrete blocks, etc., to remain in place can be accommodated within the 6 foot excess width remaining after accommodating the 12 foot wide traversable surface.
 The existing asphalt, concrete, or other hard surfaces will be preserved, and improvements will be limited to areas where, after clearing and grubbing, the surface is deemed to be passable.  The drainage at the site will follow existing patterns, and no drainage conveyance or other improvements are required. If necessary, a 6 inch curb will be utilized adjacent to existing buildings to maintain existing drainage patterns in vegetated areas. The assumed length of the proposed curb is 300 feet.
 In areas not traversable after clearing and grubbing, the work is limited to excavating 6 inches of existing material and replacing it with Aggregate Base (AB), creating a flat traversable surface with less than 5% grade from right-of-way to the UPRR tracks.  All excavated soil associated with the proposed improvements on 3rd Street is Type Z-2 soil that must be disposed of in a California Class I disposal facility.

Alameda CTC Agreement No. A22-0056
Project No. 1381000
A-5
28136634.1/513119.0243
Task 1: CCO Funding
Upon full execution of this AMENDMENT, Alameda CTC will amend its Cooperative Agreement with the construction phase implementing agency, Caltrans. Caltrans will then add funding to the construction contract to execute the CCO.

Task 2: CCO Preparation
Alameda CTC’s design consultant will provide professional and technical engineering services to assemble and review existing data, obtain new field data, perform topographic field surveys, define existing right-of- way, perform environmental revalidation, prepare the storm water report, and prepare the plans, specifications and estimate for a CCO to construct a 12 footwide traversable surface on 3rd Street between Gilman and Camelia Streets and obtain the necessary approvals from the CITY and Caltrans.

Task 3: CCO Negotiation
Caltrans will negotiate a lump-sum cost for the CCO with the Contractor. The final negotiated lump-sum CCO may require a further amendment to the MOU if the retained amount is insufficient.

Task 4. CCO Implementation
The Contractor will implement the approved CCO, and Caltrans will provide the construction support for the work, including inspections, material testing, segregated invoices, and progress reports for the CCO work.

All changes to the CCO will be approved by the CITY. The final CCO cost may require a further amendment to the MOU.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
November 29, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Terry Taplin
Subject: Budget Referral: Strawberry Creek Lodge Food Program

RECOMMENDATION
Refer to the December 2022 Annual Appropriations Ordinance (AAO) budget process $50,000 for the Strawberry Creek Lodge Food Program.

BACKGROUND
Over the past couple of years, the City of Berkeley provided an annual grant of $100,000 to provide subsidized meals for low-income seniors who reside at the Strawberry Creek Lodge a senior housing apartment complex owned by the Strawberry Creek Lodge Foundation. This funding was needed to cover the meal program while the kitchen was remodeled. As a result of the pandemic and other delays, the kitchen renovation was delayed and is expected to be completed by July 2023. As a result, funding is only needed for 6 months instead of a year, so a request of $50,000 has been made. Once the kitchen is completed, they will work with Berkeley Food and Housing Project on a food program.

Strawberry Creek Lodge has provided housing for low- and moderate-income housing for 150 seniors since the early 1960s. The City first provided a grant for the Lodge’s meal program in 2020 after an Urgency Item was submitted on November 19, 2019 to amend the budget for Fiscal Year 2020.

FINANCIAL IMPLICATIONS
$50,000

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Councilmember Terry Taplin 510-981-7120

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
November 29, 2022
To: Members of the City Council
From: Mayor Jesse Arreguin
Subject: Grant Approval: San Francisco Foundation to support the Equitable Black Berkeley Initiative

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept a $75,000 grant award from the San Francisco Foundation to renew the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative, a community-led process to develop a reparative approach to new development at the Ashby BART Station and Adeline Corridor, with the goal of maximizing affordability of new housing.

FISCAL IMPACTS OF RECOMMENDATION
The grant funds will be deposited and expensed from the One-Time Grant: No Capital Expenses Fund and will be appropriated in the First Amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On November 30, 2021, the City Council approved a $50,000 grant from the San Francisco Foundation (SFF) grant to support a six-month process to ideate increasing affordable housing at the North Berkeley and Ashby BART stations. SFF has increased the grant funding by $75,000 continuing the work of the part time consultant in creating a plan, in collaboration with the community and multiple partners, to secure the funding needed to meet the project goals of maximizing affordable housing at and around the Ashby and North Berkeley BART sites within a reparative framework.

BACKGROUND
The City of Berkeley’s Black population has experienced a history of segregation, disinvestment, displacement, gentrification, health disparities, achievement gaps and wealth generation inequity as a result of deliberate policy and planning decisions. This is a story repeated in countless Black communities across the country.

South Berkeley was, historically, a predominantly black community that was redlined, locking Black residents out of homeownership and access to credit. Between 2012 and 2018, the median home price in Berkeley’s redlined districts more than doubled, from $517,000 to $1,140,000. This increase was 7 percent faster than anywhere else in the city as a result of gentrification. In that same time period, rents in South Berkeley increased 42 percent. As a result, over the past 30 years, Berkeley’s Black population has decreased from 23.5% to 7.9%. Two-thirds of South Berkeley residents are renters

Grant Approval: San Francisco Foundation Consent Calendar November 29, 2022
and 20% are below the poverty line. Very little of the existing housing in South Berkeley is deed-restricted affordable.

The City Council and BART Board unanimously adopted a Memorandum of Understanding (MOU) in December 2019 and January 2020, respectively, related to future development at the Ashby and North Berkeley BART sites. This transit oriented development (TOD) on BART land will create hundreds of new affordable housing units around both Ashby BART and North Berkeley BART in the next decade.

Berkeley now has the opportunity to correct historic harms and ensure that the new developments are designed to maximize equity outcomes for the African American community and low-income residents. Equitable Black Berkeley is an innovative, replicable model to support equity, opportunity and the well-being of Berkeley’s Black community. It will underpin policies to repair harm, create financing vehicles to sustain community investment and ensure Black families have a right to stay, right to return, and right to own/build equity. EBB will help alleviate the housing crisis and create the conditions for the South Berkeley community to thrive.

The San Francisco Foundation grant contemplated by this council item would provide support to the City in developing additional strategies for increasing financial support for greater affordability levels for the BART projects and engaging the black community in developing a reparative framework that will address economic harms and provide the support infrastructure to provide repair.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Would support Climate Action goals by providing more affordable housing along transit corridors.

RATIONALE FOR RECOMMENDATION
Increasing affordability levels for new housing developments and addressing inequities for communities of color are expressed City values and council direction. This grant supports the efforts to increase affordability in previously redlined areas in a reparative framework.

CONTACT PERSON
Mayor Jesse Arreguin, 510-981-7100
Attachments:
1: Resolution

RESOLUTION NO. ##,###-N.S.

SAN FRANCISCO FOUNDATION GRANT APPLICATION AND ACCEPTANCE OF

FUNDING
WHEREAS, the City Council and BART Board unanimously adopted a Memorandum of Understanding (MOU) in December 2019 and January 2020, respectively, related to future development at the Ashby and North Berkeley BART sites; and WHEREAS, The City of Berkeley’s Black population has experienced a history of segregation, disinvestment, displacement, gentrification, health disparities, achievement gaps and wealth generation inequity as a result of deliberate policy and planning decisions; and
WHEREAS, South Berkeley was, historically, a predominantly black community that was redlined, locking Black residents out of homeownership and access to credit; and WHEREAS, Between 2012 and 2018, the median home price in Berkeley’s redlined districts more than doubled, from $517,000 to $1,140,000. This increase was 7 percent faster than anywhere else in the city as a result of gentrification. In that same time period, rents in South Berkeley increased 42 percent. As a result, over the past 30 years, Berkeley’s Black population has decreased from 23.5% to 7.9%. Two-thirds of South Berkeley residents are renters and 20% are below the poverty line; and WHEREAS, The MOU states a minimum threshold of 35% affordable units (at low, very low and/or extremely low income levels) with a goal of achieving even higher levels of affordable housing at the BART sites, including up to 100% affordable; and WHEREAS, On November 30, 2021, the Berkeley City Council voted to receive a grant from the San Francisco Foundation to support a consultant to assist the Equitable Black Berkeley Initiative (EBB) in a six-month process to ideate financing alternatives to increase the level of affordable housing at the North Berkeley and Ashby BART stations within a reparative framework; and
WHEREAS, the San Francisco Foundation grant of $75,000 would support continuing the consultant contract supporting the Equitable Black Berkeley Initiative, a community-led process to develop a reparative approach to new development at the Ashby BART Station and Adeline Corridor, with the goal of maximizing affordability of new housing.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to accept a $75,000 grant from the San Francisco Foundation to continue funding a consultant(s) to work with staff and the community to develop a plan to increase affordability at the BART housing projects within a reparative framework.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510)981-7199 E-Mail: [email protected]

CONSENT CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council From: Mayor Jesse Arreguín
Subject: Excused Absence for Councilmember Ben Bartlett

RECOMMENDATION
Excuse Councilmember Ben Bartlett from the September 29, 2022 Council meeting as a result of illness

BACKGROUND
Pursuant to the City Charter, Article V, § 19, the City Council must approve an absence by a Councilmember from a meeting in order for that absence to be considered excused. Specifically, it states:

If the Mayor or any member of the Council is absent from one or more regular meetings of the Council during any calendar month, unless excused by the Council in order to attend to official business of the City, or unless excused by the Council as a result of their own illness or the illness or death of a “close family member” as defined in the City’s bereavement policy from attending no more than two regular meetings in any calendar year, they shall be paid for each regular meeting attended during such months in an amount equal to the monthly remuneration divided by the number of regular meetings held during such month.

Councilmember Bartlett was unable to provide a 72-hour notice of his absence from the September 29, 2022 Council meeting due to a close family member illness.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
Not applicable

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Solano Avenue BID for Calendar Year 2023

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2022-2023 and, if no majority protest exists, levy annual assessments in the District for calendar year 2023 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

FISCAL IMPACTS OF RECOMMENDATION
Projected BID revenue of approximately $25,000 will be deposited into the Solano Avenue BID Fund, revenue budget code 783-21-208-251-0000-000-000-412110 and expensed from budget code 783-21-208-251-0000-000-446-636110. The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Solano BID Advisory Board. The work of the Solano BID enhances the economic development of Solano Avenue and its business climate over the long term, and therefore the BID contributes towards improving City revenues through increased sales and property taxes.

CURRENT SITUATION AND ITS EFFECTS
Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code Section 36500 et. seq.) that authorized the establishment of the Solano Avenue BID, the City Council must hold a public hearing before levying assessments for 2023. The renewal process was initiated on November 3, 2022, when Council approved by Resolution No. 70,569-N.S. (See Attachment 1, Exhibit A) the Annual report and budget for 2022-23 sent to it by the Advisory Board and set the public hearing date for November 29, 2022. (The Annual Report with a budget is part of Attachment 1, Exhibit A). The City Clerk noticed businesses in the Solano Avenue BID area by publishing Resolution No. 70,569-N.S. in a newspaper of general circulation. If no majority protest is received at the public hearing, at its conclusion the City Council may confirm the Annual report and budget for 2023 and levy assessments.

Renewal of the Solano Avenue BID for Calendar Year 2023 PUBLIC HEARING November 29, 2022

BACKGROUND
Since its revival in May 2012, the Solano BID Advisory Board has used Solano BID revenues to finance three programs: 1) a tree watering contract to ensure the health of 48 young street trees on Solano; 2) installing a program of 40 hanging planter baskets on light poles; and 3) sponsorship of events that attract customers to the district and improvements that enhance the pedestrian experience. In 2022, the BID program has focused on sponsoring activities and improvements intended to market and promote the Solano Avenue business district. In the wintertime, the BID in conjunction with the Solano Avenue Association (which represents both Albany and Berkeley businesses along Solano Avenue) pays a contractor to erect holiday lights and decorations on City street light poles. This will continue for the 2022-23 season. Although the BID will spend a good portion of its funds on the holiday décor program, in the remainder of 2022 it has initiated an expanded landscaping program to clean and level tree wells and water existing hanging flower baskets. BID expenditures are to be made through an established fiscal agency contract with Telegraph Property and Business Management Corporation (Telegraph PBMC).

ENVIRONMENTAL SUSTAINABILITY
By maintaining and enhancing the district, the Solano BID creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The environmental enhancements such as the added street trees, hanging planters, parklet, and holiday decorations contribute to making Solano a more pleasant walking destination. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation modes and decreasing carbon emissions.

RATIONALE FOR RECOMMENDATION
State law requires that the City Council annually renew the Solano BID by conducting a public hearing on the proposed renewed assessment for the coming year.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CONTACT PERSON
Eleanor Hollander, Secretary to the Solano BID Advisory Board, (510) 981-7536.

Attachments
1: Resolution
Exhibit A: Resolution No. 70,569-N.S., with incorporated Annual Report, Budget, District Map, and Assessment table
2: Public Hearing Notice

RESOLUTION NO. ##,###-N.S.

CONFIRMING THE ANNUAL REPORT AND BUDGET FOR THE SOLANO AVENUE

BUSINESS IMPROVEMENT DISTRICT (BID), LEVYING AN ANNUAL
ASSESSMENTFOR THE SOLANO AVENUE BID FOR 2023, AND AUTHORIZING A

CONTRACT OR CONTRACT AMENDMENTS WITH A SUITABLE NON-PROFIT TO

SERVE AS FISCAL AGENT FOR RECEIPT AND EXPENDITURE OF SOLANO AVENUE BID FUNDS.

WHEREAS, the Solano Avenue Business Improvement District (BID) Advisory Board recommended an Annual Report to the Berkeley City Council that outlined the activities of the District proposed for the year 2022, including a budget for said activities, as required by California Streets and Highways Code Section 36533 and Berkeley Municipal Code Section 7.97.080; and
WHEREAS, on November 3, 2022, the City Council by Resolution No. 70,569-N.S (attached as Exhibit A) approved the Annual Report and proposed budget of the Solano Avenue BID for 2022-23 and declared its intent to levy an assessment in the District to finance the proposed activities for the calendar year 2023; and WHEREAS, Resolution No. 70,569-N.S. also scheduled a public hearing for November 29, 2022, to consider levying said assessment and gave notice that interested parties could attend and be heard on the issue, for and against; and WHEREAS, the City Clerk has notified potential assessees of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation; and WHEREAS, the public hearing has now been held and there has not been protests by business owners who collectively pay 50 percent or more of the assessment proposed to be levied.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that protests are over-ruled and the Annual Report of the Solano Avenue BID is confirmed, thereby levying an annual assessment for the Solano Avenue BID for calendar year 2023.

BE IT FURTHER RESOLVED that the Council authorizes the City Manager to enter into a contract or contract amendments with a suitable non-profit to receive and spend funds for purposes approved in the Annual Report and Budget and as directed by the Solano Avenue BID Advisory Board.

Exhibit A: Resolution No. 70,569-N.S. (November 3, 2022), including the 2022-23 Annual Report and Budget, District Map, and Assessment Table

RESOLUTION NO. 70,569-N.S.

APPROVING THE ANNUAL REPORT AND PROPOSED BUDGET OF THE SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT FOR 2022-23; DECLARING COUNCIL'S INTENTION TO LEVY AN ASSESSMENT IN THE DISTRICT FOR 2023; AND

DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR NOVEMBER 29, 2022 TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR 2023.

WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on December 9, 2003 the Berkeley City Council established such an area known as the Solano Avenue Business Improvement District (the "District"); and WHEREAS, the City Council established a Solano Avenue Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the City Council established a Solano Avenue Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the Advisory Board has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for 2023 as required by the California Streets and Highways Code Section 36533; and WHEREAS, the Annual Report is clear and complete and found to comply with the interests of Solano Avenue assessees; and
WHEREAS, the annual process for levying assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and then set a date for a public hearing where interested parties may be heard on the issue.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as follows:

Section 1. The City Council hereby approves the Solano Avenue Business Improvement District Annual Report 2022 and Budget for the year 2023 (Exhibit A) as submitted to the City Clerk by the Solano Avenue Business Improvement District Advisory Board.

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to levy an annual

assessment for the parking and business improvement area known as the Solano Avenue Business Improvement District.

Section 3. The boundaries of the District are set forth in Exhibit A1 to the 2022-23 Annual Report which is attached hereto and incorporated herein by reference.

Section 4. The improvements and activities proposed for the District are as described in the Report and budget (Exhibit A) and appended hereto.

Council intends that these funds be used for designated activities and improvements in the Solano Avenue commercial area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City.

Section 5. The City Council intends to levy assessments on businesses located within the boundaries of the District shown Exhibit A1 and according to the business classifications and rates set forth in Exhibit A2 which is attached hereto and incorporated herein by reference.

Section 6. A public hearing shall be held before the City Council on November 29, 2022 via accessible video teleconference. Following the hearing the Council will consider adoption of a resolution levying an assessment as recommended by the Solano Avenue Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the levying of such an assessment.

Formal protests against the levying of the District assessment must be made in writing.

All written and oral protests should contain the following certification: "I certify that I am the owner of the business listed below, and that the business is located or operates within the boundaries of the Solano Avenue Business Improvement District." Protests should also contain the following information: business name (printed), business address (printed), City Business License Tax Registration number, name of protester (printed), signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. Protests will not be considered valid unless signed and submitted by the owner of a business located within the boundaries of the proposed District. Written protests shall be filed with the City Clerk, First Floor, City Hall, at 2180 Milvia Street, Berkeley, California, 94704, at or before 3 pm on November 29, 2022 and shall contain a description of the business sufficient to identify the business, and if the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscripting the protest is the owner of the business. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated.

Section 7. The City Clerk is directed to give notice of said public hearing by publishing the Resolution of Intention in a newspaper of general circulation seven days prior to the public hearing.

Exhibits
A: Report for the Solano Avenue Business Improvement District 2022-23 A1: Map of the Solano BID
A2: Assessment Rates
The foregoing Resolution was adopted by the Berkeley City Council on November 3, 2022 by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.
__________________________
Jesse Arreguin, Mayor
Attest: _____________________________
Mark Numainville, City Clerk

Exhibit A:

Report for the Solano Avenue Business Improvement District for 2022 and Budget for 2023 Background
The first version of the Solano Business Improvement District (BID) operated from 2002-2007 with administration of the BID headed by the Solano Avenue Association. In 2012, the Council appointed the Solano BID Advisory Board to administer the Solano Avenue BID, to fund physical improvements to the street and dedicate marketing and promotion efforts towards the businesses on the portion of Solano Avenue that lies in Berkeley. This Annual report and budget updates the most recent year of operational programs of the Solano BID.

Landscape program
In 2013, the Solano BID financed a tree watering program for young street trees along upper Solano Avenue. In 2016, per the City of Berkeley arborist, the trees were mature enough to not require additional water services. In early 2016, the board voted to enhance Solano’s landscape by installing a program of 41 hanging planter baskets on light poles distributed throughout the district; utilizing the Downtown Berkeley Association’s (DBA) services. The DBA watered and maintained the baskets though the end of calendar year 2018. From 2019 to 2021, rainwater alone supported the baskets, and in 2022 the Solano BID entered into a contract with The Peralta Services Corporation to supplement other efforts to clean, weed, and level the tree wells through the district, and to develop an ongoing watering and maintenance system for the hanging flower baskets. Peralta’s services began in July of 2022, and a schedule and cadence for this program will be implemented through the end of 2022. Expanded landscaping improvements (including porous pavement in tree wells and watering and maintenance of the hanging flower baskets) have yet to be determined by the board. It is presumed that provided a successful demonstration of landscaping maintenance this fall/winter season (2022-23), a multi-year contract could be extended accordingly in 2023.

In 2020, funds were approved and a selection process was conducted for a public realm plan study on Solano. The BID was supportive of the process and was deeply committed to involving both local merchants and local residents in the effort to re-imagine Solano Avenue in a way that brings more vitality to the Avenue in concert with the efforts of the City of Albany with the intention of strengthening the Solano Avenue ‘brand’ overall. The funding for this project was repurposed for the emergency response to the COVID-19 pandemic. The project was restored in the city’s FY22 budget (adopted June 29, 2021) and has begun again with renewed effort in 2022. It is the intention to issue an RFP for the project in late 2022, or early 2023.

Marketing and promotion of Solano
Marketing and promotion of Solano Avenue constitutes the second priority of the Solano BID.

In 2022, the BID took on an ambitious coordinated district marketing program, allocating $17,000 to the development of a banner campaign, and a $15,000 to a marketing mailer with

both with the theme “North Berkeley In Bloom.” The Solano Stroll (produced by the SAA) is returned in person on September 11, 2022, which hopefully will be followed in short order by the unveiling of refreshed street banners (anticipated date, late fall 2022).

To promote the avenue during the holiday season, a holiday light display program was established by the Solano BID. In 2016 and 2017 the BID contracted with a vendor, the Christmas Light Pros of SF, to deploy decorative unlit multi-colored garlands. In 2018 and 2019, the board approved funding for a new vendor which, under direction of the Solano Avenue Association (SAA), covered more poles and provided greater decoration coordination opportunities with neighboring Albany, all at a lower cost than previous seasons. The intention for the holiday season in ’22 -‘23 is to use the same vendor from the ‘21-‘22 season and reimburse the SAA after the lights are installed. This partnership underscores the leverage that the SAA organization has been able to provide to support BID efforts for the Berkeley portion of Solano Avenue.

In the remainder of 2022, the Advisory Board may again decide to participate in the development of virtual or otherwise safe holiday campaigns and activities (i.e. supporting the Solano Avenue Association in producing events ‘Santa on Solano’ event or similar). The details of the overall 2022 (and the future 2023) event and marketing program will be developed over the remainder of the year, with a possible coordinated launch party for the new Touchstone Oaks bouldering gym at the top of the Avenue once construction is complete.

Solano BID Administration
The Solano BID has one existing contract; a fiscal agent contract with the Telegraph Property and Business Management Corporation (Telegraph PBMC), who charges a 5% fee on new BID revenue annually (for example, the anticipated new Solano BID revenue for 2023 is $25,000, so the fiscal agent for 2023 will be $1,250).

FINANCIAL STATUS OF THE SOLANO BID, SEPTEMBER 2022
Solano BID Revenue, as of 9/15/2022 $ 96,774.26
Less fiscal agent fee to Telegraph PBMC (5%) - of estimated new revenue $ (1,250.00) Less funds allocated for Solano Ave Assn Events Contract (including 2022-23 holiday-related events) $ (20,000.00)
Less funds allocated for decorative holiday lights + Installation + Removal + Storage Nov ‘22 to Jan ‘23
Less Funds for Banners (install, new brackets etc.)
$ (7,500.00)
$ (20,000.00)
Unallocated as of 9/15/2022 $ 48,024.26
BUDGET FOR THE SOLANO BID FOR 2023 (Calendar Year)
Estimated new revenue 2023 $ 25,000.00
Carryover from 2022 (estimated) $ 48,024.26
Total available for expenditure in 2023 $ 73,024.26

PROPOSED EXPENDITURES FOR 2023 (Calendar Year)
Landscaping installation/tree well porous pavement $ 15,000.00 Watering and Maintenance for hanging flower baskets $ 12,000.00 Installation, removal and storage of holiday decor 2023-24 season $ 11,000.00 Banners 2023 (future design and adtl’ install) $ 17,000.00 Marketing expenditure (branding/business/event support contract with SAA) $ 15,000.00 Total projected expenditure 2023 $ 70,000.00
Recommendations
The Advisory Board recommends that the Council approve the Annual Report and Budget for 2023.

The Advisory Board recommends that the Council make no changes in the boundaries of the Solano Business Improvement District or in the two Benefit Zones, A & B.

The recommended improvements and activities for 2023 are those stated in the Report. The cost for providing them is stated in the Budget for 2023.

The method and basis for the assessment is as stated in Exhibit A2.

The estimate for surplus revenues to be carried over from 2022 is as stated in the Budget for 2023.

Exhibit A1
SOLANO
Business
Improvement
District

Exhibit A2
Berkeley Solano Avenue Business Improvement District Annual Assessment Formula Annual
Assessments
Type of Business Zone A Zone B
a. Retailers and
Restaurants
1-5 employees $200 $125
6-9 employees $300 $175
10+ employees $400 $225
b. Service
Businesses
$175 $100
c. Professional
Services
$100 $65
d. Financial
Institutions
$500 $500
SOLANO
Business
Improvement
District

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

RENEWAL OF THE SOLANO AVENUE BUSINESS IMPROVEMENT
DISTRICT AND LEVYING OF ASSESSMENT FOR 2023
The Solano Avenue Business Improvement District (BID) Advisory Board is proposing that the Berkeley City Council confirm the Annual Report of the Solano Avenue BID for 2022 and levy an assessment for 2023.

The hearing will be held on November 29, 2022 at 6:00 p.m. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 17, 2022.

For further information, please contact Eleanor Hollander, Office of Economic Development, at (510) 981-7536.

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service.

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981- 6900 or [email protected] for further information.

Published: Resolution of Intention No. 70,569-N.S., November 18, 2022 – Berkeley Voice
As required by Streets and Highways Code Section 36534. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 17, 2022.

Mark Numainville, City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail:
[email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Referral Response: Amendments to the Sign Ordinance to Clarify Procedures and to Establish a Coordinated Sign Design Program, and Establish a New Fee for Coordinated Sign Design Programs

RECOMMENDATION
Conduct a public hearing and, upon conclusion:

Adopt the first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Title 20 [Signs] to clarify design review procedures for signs, establish an optional Coordinated Sign Design program, and amend Section 20.12.070 [Issuance authorized when] and Section 23.204.070B [Design Review – When required] to provide internal consistency; and

2. Adopt a Resolution amending Resolution No. 67,985-N.S., the Land Use Planning Fee schedule, to add a new Coordinated Sign Design Program Fee.

SUMMARY
This report provides an overview of existing conditions and presents amendments to clarify the sign permit process for new and replacement signs and introduces a Coordinated Sign Design Program and fee. Amendments presented below are intended to reduce processing times for obtaining sign permits, clarify the Sign Ordinance, and provide consistency between Title 20 [Sign Ordinance] and Title 23 [Zoning Ordinance].

These changes will result in better customer service by improving business applicants’ permit processing experience, and responds to part of a previous Council referral in support of small businesses.

FISCAL IMPACTS OF RECOMMENDATION
Amendments to Title 20 and Title 23 will allow replacement signs without obtaining a new sign permit, exempting replacement signs from incurring a fee. Any loss of fee revenue will be offset by a reduction of staffing costs associated with processing these permits. Amendments also establish a Coordinated Sign Design Program that would

Amendments to the Sign Ordinance PUBLIC HEARING
November 29, 2022

expedite approval of signs for individual tenants in larger buildings and complexes in which a landlord has pre-approved designs. Adoption of the resolution will establish a $2,015 fee for Coordinated Sign Design Programs consistent with the cost of processing such permits. Changes are expected to reduce barriers and cost for new and existing businesses in Berkeley.

CURRENT SITUATION AND ITS EFFECTS
On October 15, 2019 the City Council referred to the City Manager recommendations with the goal of expediting services for existing businesses and reducing barriers to entry for new businesses (Attachment 4). This report focuses on addressing one of the eight requested actions by clarifying the approval process for sign permits.

Amendments improve consistency and predictability for new signs and replacement signs, as well as introduce a formal Coordinated Sign Design Program and fee.

On November 19, 2020, the Design Review Committee (DRC) received a presentation on the proposed changes, provided feedback, and voiced support for the amendments.

The same action was taken by Planning Commission on April 7, 2021. Amendments and considerations in this report reflect the direction provided by both bodies and are presented below under three categories:

1. Establish a Coordinated Sign Design Program and Fee

2. Exempt Replacements Signs from Obtaining Sign Permits and Clarify Sign Permit Processes

3. Make Minor Edits to Title 23 to Maintain Consistency with Title 20

1. Establish a Coordinated Sign Design Program and Fee. (Modify Chapter 20.16 [Regulations Generally])
Coordinated Sign Design Programs are intended to establish consistent sign design standards for development projects, projects with multiple signs, and projects with multiple tenants. The City of Berkeley does not currently have a formal Coordinated Sign Design Program, though multi-tenant sign concepts are often reviewed for larger developments. Amendments proposed in the Ordinance would introduce Section 20.16.105 [Coordinated Sign Design Programs], to provide a pathway for developing pre-approved sign templates that meet City design standards for projects with multiple signs. The new code section provides guidance for business and building owners interested in establishing a Coordinated Sign Design Program. In addition, the new code section outlines protocols and processes to oversee such programs. With this change, a new application fee will be established for processing Coordinated Sign Design Program applications.

Please see Attachment 1 for amendments related to a Coordinated Sign Design Program, and Attachment 3 for a flow chart that explains the process.

Amendments to the Sign Ordinance PUBLIC HEARING
November 29, 2022

2. Exempt Replacement Signs from Obtaining a Sign Permit and Clarify Sign Permit Processes. (Modify Section 20.12.070 [Issuance authorized when]) Currently, all new and replacement signs must obtain a sign permit and undergo some level of design review. This includes replacement signs that have previously been approved by the City. Amendments define and exempt replacements signs and signs that have been approved through a Coordinated Sign Design Program:

20.12.070.E: Exempt Signs.
a. Approved existing signs may be refaced, re-painted or replaced with the same location, size, and design, subject to review by the Building Official for signs that require a Building Permit.
b. Signs pursuant to a Coordinated Sign Design Program may be installed and replaced without Design Review and shall be approved with a Zoning Certificate, subject to review by the Building Official for signs that require a Building Permit.

In addition, to clarify the review and authorization process for sign permits, language in Section 20.12.070 [Permits: Issuance authorized when] is also revised. Overall, amendments remove onerous re-application requirements and clarify the Sign Ordinance by defining sign types and outlining permits required (Attachment 1).

3. Make Minor edits to Title 23 to Maintain Consistency with Title 20 (Modify Section 23.406.070B [Design Review – When Required Title 20 [Sign Ordinance] and 23 [Zoning Ordinance] reference one another to help the reader navigate the BMC. To be consistent with changes to Title 20, minor amendments to Title 23 are required. Title 23 currently requires replacement signs to undergo Design Review. These changes improve the City’s internal permitting processes and customer service by providing more clarity and shortening timelines for individual businesses that are updating signage.

The DRC and Planning Commission provided input on the amendments presented in this report and expressed support for the overall effort. To complement this effort, DRC requested that City Council direct the City Manager to further research opportunities to develop a design template and objective standards for new signs and awnings. As part of the City’s ongoing work to address Objective Standards, the Joint Subcommittee for the Implementation of State Housing Laws (JSISHL) reviewed an analysis of the City’s existing sets of Design Guidelines and the work to fulfill this request is already

Amendments to the Sign Ordinance PUBLIC HEARING
November 29, 2022

underway as part of staff’s responses to other Objective Standards referrals adopted by Council.

BACKGROUND
In 2019 the City’s Office of Economic Development (OED) conducted outreach to gain a better understanding of challenges and concerns facing Berkeley businesses. OED conducted surveys and interviews with local businesses to better gather information and insight. These conversations led OED staff to recommend to City Council a set of additional support measures for Berkeley businesses. The referral package (Attachment 4) included eight action items concerning group instruction, hours of operation, alcoholic beverage service, change of use, and permitting thresholds for ATM machines and Arcades. This report focused on clarifying the permit process for signs and establishing a Coordinated Sign Design Program (referral action item 2) to provide clarity to new business owners and sign companies.

In November 2019, Staff presented to the DRC proposed amendments to Title 20 [Sign Ordinance] and Title 23 [Zoning Ordinance] to established a Coordinated Sign Design Program and ease permit requirements for signs. The DRC provided staff with comments and continued discussions to their December 2019 meeting. Staff returned to the DRC in February 2020, with additional recommendations and amendments to ease permitting requirements and the DRC resolved to draft a memorandum to City Council, requesting the City Manager develop a template and objective standards for new signs and awnings. As noted above, this work is in progress as part of staff’s responses to other Object Standards referrals adopted by Council. Staff has also clarified application materials to reflect our practice of applying the Downtown Design guidelines citywide, including for new signs and awnings. In April 2021, staff presented to the Planning Commission where they discussed the proposed amendment and recommended minor modifications to improve readability. The Planning Commission voted unanimously to recommend City Council adopt staff’s recommendation.

ENVIRONMENTAL SUSTAINABILITY
Signs help create a sense of place, which can create inviting walking environments, which in turn support active transportation modes. Improving processing time for sign permits will reduce the amount of time storefronts remain unidentifiable and will contribute to continuity of the pedestrian experience.

RATIONALE FOR RECOMMENDATION
Business owners, stakeholders, and a number of sign companies discussed opportunities to improve the business experience with the OED. These conversations helped identify opportunities to clarifying permit processes for signs. Recommendations in this report codify existing processes and introducing a Coordinated Sign Design Program to address barriers and improve customer service.

Amendments to the Sign Ordinance PUBLIC HEARING
November 29, 2022

ALTERNATIVE ACTIONS CONSIDERED
Council could take no action, in which case the Sign Ordinance and Zoning Ordinance would retain existing regulations for obtaining a Sign Permit.

CONTACT PERSON
Robert Rivera, Senior Planner, Land Use Planning Division, [email protected] Anne Burns, Senior Planner, Land Use Planning Division, (510) 981-7489 Attachments:

1. Ordinance

2. Resolution
a. Exhibit A: Land Use Planning Fee Schedule

3. Coordinated Sign Design Program Flow Chart

4. Council Referral adopted October 15, 2019: Modifications to the Zoning Ordinance to Support Small Businesses

5. Public Hearing Notice

Attachment 1
ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE (BMC) SECTION 20.12.070 TO MODIFY THE SIGN ORDINANCE, MODIFYING CHAPTER 20.16 TO ADOPT SECTION

20.16.105 INTRODUCING A COORDINATED SIGN DESIGN PROGRAM, AND AMENDING SECTION 23.406.070 OF THE ZONING ORDINANCE FOR CONSISTENCY WITH THE SIGN ORDINANCE.

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That BMC Section 20.12.070 is hereby amended to clarify the issuance process and when signs are exempt from Design Review as follows:

20.12.70 Issuance authorized when.

A. Upon the filing of an application for a sign permit, the City Manager Applications for proposed signs or alteration/relocation of existing signs are subject to review by the Director of Planning and Development or their designee shall review the application, including and plans and specifications, for the proposed sign or the proposed alteration or relocation for compliance with all requirements of this title.

B. All signs shall The Building Official shall determine if a sign requires a Building Permit or Electrical Permit to meet the requirements of the Berkeley Building Code.

C. If the City Manager or their designee determines that the proposed sign, alteration or relocation is in compliance with all of the requirements of this chapter and any other applicable ordinance of the City, they shall forward the application to the Building Official for issuance of a building permit and/or an electrical permit.

D.C. A building permit and/or an electrical permit for a sign subject to Design Review pursuant to Section 23E.08 23.406.070 shall not be issued until Design Review approval has been granted and the application permit has been found in conformance with the approved design.

D. A Coordinated Sign Design Program may, at the applicant’s discretion, be reviewed and approved simultaneously with or subsequent to Design Review for a building.

E. Exempt Signs.

1. Approved existing signs may be refaced, re-painted or replaced with the same location, size, and design, subject to review by the Building Official in cases where a Building Permit is required.

2. Signs pursuant to a Coordinated Sign Design Program may be installed and replaced without Design Review and shall be approved with a Zoning Certificate, subject to review by the Building Official in cases where a Building Permit is required.

Section 2. That BMC Section 20.16.105, Coordinated Sign Design Programs, is hereby added as follows:

20.16.105 Coordinated Sign Design Programs.

A. Purpose.

1. To create a streamlined sign review process for development projects, projects with multiple signs, and projects with multiple tenants.

2. To ensure consistent design, quality and display of signs.

B. Applicability. The following projects are eligible for a Coordinated Sign Design Program:

1. Four or more contiguous non-residential tenant spaces.

2. Four or more permanent non-exempt signs associated with one development project, business or Use Permit.

3. Projects with unique characteristics, including but not limited to site visibility and site location, as determined by the Director of Planning and Development or their designee.

C. Approval and Appeal Authority.

1. A Coordinated Sign Design Program may be part of preliminary or final Design Review and shall be decided upon by the Design Review Committee or Landmark Preservation Commission, according to their jurisdiction. Appeals shall be heard by the Zoning Adjustment Board whose decision is final.

2. The Building Official shall determine if a sign allowed under a Coordinated Sign Design Program requires a Building Permit or Electrical Permit to meet the requirements of the Berkeley Building Code.

D. Regulations.

1. A Coordinated Sign Design Program shall outline regulations including, but not limited to, sign area, number of signs, maximum height, and location.

2. A Coordinated Sign Design Program may include exceptions to the regulations established in this Chapter when deemed necessary or desirable.

E. Application Requirements. A Coordinated Sign Design Program shall include all information and materials required in administrative guidelines published by the Planning Department, including the Coordinated Sign Design Program fee in the Fee Schedule.

F. Findings. In order to approve a Coordinated Sign Design Program, the following findings shall be made:

1. The Coordinated Sign Design Program complies with the purpose of this Chapter;

2. The Coordinated Sign Design Program ensures proposed signs enhance the overall project;

3. The Coordinated Sign Design Program ensures proposed signs are in harmony with other signs and structures included in the project;

4. The Coordinated Sign Design Program ensures proposed signs are in harmony with surrounding development;

5. The Coordinated Sign Design Program contains provisions to accommodate Change in Use or new tenants; and

6. The Coordinated Sign Design Program complies with the standards of this Chapter and/or includes specific exceptions as deemed necessary or desirable.

G. Revisions to Coordinated Sign Design Programs. Revisions to Coordinated Sign Design Programs shall be considered by the original decision-maker.

H. Binding Effect.

1. A Coordinated Sign Design Program, once adopted, shall be adhered to unless amended.

2. A Coordinated Sign Design Program shall be enforced in accordance with this Chapter.

Section 3. That BMC Section 23.406.070.B is amended as follows:

23.406.070.B Design review.

B. When Required.

1. Design Review is required for:
a. Projects in all Non-Residential Districts.
b. Mixed use and community and institutional projects in the R-3 district within the Southside Plan area. See Figure 23.202-1: R-3 Areas Subject to Design Review; and
c. Commercial, mixed-use, and community and institutional projects in the R-4, R-SMU, and R-S districts.

2. As used in Paragraph (1) above, “project” means an activity requiring a building or sign permit that involves any of the following:
a. Modifying the exterior of an existing structure.
b. Additions to an existing structure.
c. Demolishing all or a portion of an existing structure. d. Removing all or part of a building facade fronting the public right-of-way. e. Constructing a new structure.
f. Installing or replacing a sign or replacing a sign with a different location, size, or design.
g. Signs not part of a Coordinated Sign Design Program.

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Attachment 2
RESOLUTION NO. ##,###-N.S.

COORDINATED SIGN DESIGN PROGRAM FEE; AMENDING RESOLUTION NO. 67,985-N.S.

WHEREAS, in order to clarify and streamline sign permit procedures and better meet the needs of businesses, the Sign Ordinance is amended;

WHEREAS, in order to reduce barriers to entry for new businesses and improve customer service, a Coordinated Sign Design Program is established; and WHEREAS, the Coordinated Sign Design Program shall establish sign design standards for development projects, projects with multiple signs, and projects with multiple tenants; and
WHEREAS, the Coordinated Sign Design Program shall establish a coordinated design review program to facilitate the approval process for signs; and WHEREAS, on May 16, 2017 the Council passed Resolution No. 67,985-N.S., adopting the complete fee schedule of the Planning Department; and WHEREAS, on May 24, 2022 the Council passed Resolution No. 70,361-N.S., making amendments to the portion of the Planning Department fee schedule authorizing fees charged by the Land Use Planning Division; and
WHEREAS, the Land Use Planning Division Fee schedule does not currently include a processing fee for a Coordinated Sign Design Program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council hereby amends Resolution No. 67,985-N.S. to adopt a Coordinated Sign Design Program fee as set forth below and in Exhibit A.

The following fee schedule applies to the Coordinated Sign Design Program subject to permit requirements.

Coordinated Sign Design Program Fee $2,015
Exhibits
A: Land Use Planning Division Fee portion of Planning Department Fee Schedule

Land Use Planning portion of Planning Fee Schedule Attachment 2, Exhibit A

CHAPTER B - LAND USE PLANNING

FEE TYPE / DESCRIPTION FEE REMARKS
I. Administrative Use Permit (AUP)

1. Tier 1 - Most complex projects in or adjacent to a Residential district $ 3,680 Assumes 16 hours

2. Tier 2 - Intermediately complex projects in or adjacent to a Residential district $ 2,760 Assumes 12 hours

3. Tier 3 - Least complex projects in or adjacent to a Residential district including Class II Home Occupation Permits $ 1,840 Assumes 8 hours

4. Tier 4 - Other activities (residential or commercial) NOT in or adjacent to a Residential district $ 5,520 Assumes 24 hours II. Use Permit (UP) with public hearing

1. Level 1 - Use Permit (projects not listed below) $ 5,520 Assumes 24 hours

2. Level 2 - Include the following: $ 5,520
Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours.
a. Non-residential projects in a Residential district
b. Mixed-use buildings creating more than 20,000 gross sq. feet c. New construction or "major" renovation of a Landmarked building or site or Structure of Merit d. Any new main building
e. Master Use Permit or Development Permit required by a Specific Plan f. Class III Home Occupation Permits

3. ZAB Public Hearing (per hearing, in addition to permit fees). Fee already exists; copied here form Section III below
$ 1,025
III. Variance

1. Tier 1 - Yard or Height, Useable Open Space, Lot Coverage, Parking $ 3,680 Base fee Deposit
assumes 16 hours. Add
$230 per hour for staff
time beyond 16 hours.

2. Tier 2 - Inadvertent Demolition of Residential Structure $ 9,200 Base fee Deposit
assumes 40 hours. Add
$230 per hour for staff
time beyond 40 hours.

3. Tier 3 - All others not in Tier 1 or 2 $ 5,520
Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours.

4. Each Additional AUP, UP or Variance in addition to primary application $ 460 Assumes 2 hours

5. ZAB Public Hearing (per project in addition to permit fees) $ 1,025 IV. Zoning Certificate (ministerial permits)
A. All projects except as noted below $ 230 Assumes 1 hour

1. Business License review - continuation of lawful existing use $ 115

2. Accessory Dwelling Unit review $ 460
Assumes 2 hours for
neighborhood notices
and documentation
(Plan check is billed
separately, with Building
Permit)

3. SB35, SB330, other pre-application review $ 5,520
Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours,
plus direct cost for
consultants

4. Additional staff time (work performed beyond the time covered by the fees above) $ 230 Per hour of staff time B. Building Permit review

1. Project with Administrative Use Permit $ 230 Assumes 1 hour

2. Project with Use Permit and/or Variance $ 460 Assumes 2 hours

3. In-kind Repair/Replacement (e.g. window replacement, dry rot repair, etc.) $ 115 Assumes half hour

4. Fourth and subsequent plan check submittal $ 230 per hour of staff time

Land Use Planning portion of Planning Fee Schedule Attachment 2, Exhibit A V. Modification / Transfer

1. Administrative Use Permit Modification $ 1,840 Assumes 8 hours

2. Use Permit Modification (ZAB Review - No Public Hearing ) $ 3,680 Assumes 16 hours

3. Use Permit Modification (ZAB Review - Public Hearing Required) $ 5,520 Assumes 24 hours

4. Transfer of Administrative Use Permit / Use Permit $ 230 Per hour of staff time

5. Public Hearing (per hearing, in addition to permit fees) $ 1,025 VI. Environmental Review
A. California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA)

1. Initial Study resulting in a Negative Declaration or Mitigated Negative Declaration $ 5,520 Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours,
plus direct cost for
consultants

2. Environmental Impact Report (EIR) $ 9,200
Base fee Deposit
assumes 40 hours. Add
$230 per hour for staff
time beyond 40 hours,
plus direct cost for
consultants
B. Mitigation Monitoring $ 3,680
Base fee Deposit
assumes 16 hours. Add
$230 per hour for staff
time beyond 16 hours,
plus direct cost for
consultants
C. Notices - NOE, NOD, etc. $ 920
Assumes four hours.

Fee applies when
notices are filed by the
City on behalf of the
applicant / City after all
appeals are heard
VII. Design Review
A. Administrative Design Review

1. Project valued under $50,000 $ 1,840 Assumes 8 hours

2. Project valued at $50,000 to $2,000,000 $ 2,760 Assumes 12 hours

3. Project valued over $2,000,000 $ 3,680
Base fee Deposit
assumes 16 hours. Add
$230 per hour for staff
time beyond 16 hours.

4. Signs/Awnings $ 460 Assumes 2 hours
B. Design Review Committee

1. Project valued under $50,000 $ 2,760 Assumes 12 hours

2. Project valued at $50,000 to $2,000,000 $ 3,680 Assumes 16 hours

3. Project valued over $2,000,000 $ 5,520
Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours.

C. Final Review with the DRC

1. Project valued under $50,000 $ 1,250

2. Project valued at $50,000 - $150,000 $ 1,500

3. Project valued over $150,000 $ 4,250
D. Additional Preview (existing fee, relocated from Sec. VII.B above) $ 500 E. Modifications - DRC Projects $ 750
F. DRC Public Hearing (per hearing, in addition to permit fees) $ 1,025

FEE TYPE / DESCRIPTION FEE REMARKS

Land Use Planning portion of Planning Fee Schedule Attachment 2, Exhibit A VIII. Landmarks Preservation Commission Review
A. Initiation

1. Structure $ 50
As set by the
Landmarks Preservation
Ordinance. BMC

3.24.340.A

2. District $ 100
As set by the
Landmarks Preservation
Ordinance, BMC

3.24.340.B
B. Design Review - Structural Alteration (non-residential only)

1. Project valued under $50,000 $ 2,000

2. Project valued between $50,001 and $1,999,999 $ 3,000

3. Project valued at $2,000,000 or more $ 5,520
Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours.

C. Design Review - Signs and Awnings $ 1,000
D. Demolition Review (non-residential structures 40 or more years old as required under Section 23C.08.050C of the Zoning Ordinance) $ 1,200
E. Mills Act Historical Contract Processing - payable upon application (one-time payment) $ 4,200 F. Mills Act Historical Contract Monitoring

1. Payable upon application to cover 5 contract years $ 2,500

2. Assessed at the beginning of each subsequent 5 years $ 2,500 G. LPC Public Hearing (per hearing, in addition to permit fees) $ 1,025 IX. Appeals
A. Non-Applicant Appeal of AUP $ 500
B.

Reduced Non-Applicant Appeal of AUP: Fee reduced if signed by persons who lease or own at least 35 percent of the parcels or dwelling units within 300 feet of the project site, or at least 20 such persons (not including dependent children), whichever is less
$ 200
C. Non-Applicant Appeals of ZAB or LPC $ 1,500
D.

Reduced Non-Applicant Appeals of ZAB or LPC: Fee reduced if appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less $ 500
E. Appeal of AUP by Applicants $ 3,680
F. Appeal of ZAB or LPC by Applicants $ 5,520
G. Appeal of DRSL or DRC by Non-Applicant $ 500
H. Appeal of DRSL or DRC by Applicant $ 3,680
I. Non-Applicant Appeals of all affordable housing projects (defined as projects which provide 50% or more affordable units for households at 80% or less of Area Median Income) $ 500
J. Appeal to address processing error by staff Fee Waived X. Plan Amendments, Reclassification Requests, and Waterfront Master Development Plan permits* A. General Plan Amendment $ 9,200 Base fee Deposit
assumes 40 hours. Add
$230 per hour for staff
time beyond 40 hours,
plus direct cost for
consultants
B. Specific Plan Amendment $ 9,200
C. Rezoning / Reclassification Request $ 9,200
D. Waterfront Master Development Plan Permit $ 9,200
XI. Miscellaneous Fees
A. Penalty for Late Filing (When Zoning Permit, Use Permit or Variance is required for work already performed) 100% of applicable fee(s)
B. Zoning Complaint Re-inspection

1. First Re-inspection $ 230

2. Second Re-inspection $ 345

3. Third Re-inspection and all inspections thereafter $ 460 C. Agenda Subscriptions and Mailing Fees
Amount
specified per
A. R. 3.8

FEE TYPE / DESCRIPTION FEE REMARKS

Land Use Planning portion of Planning Fee Schedule Attachment 2, Exhibit A D. Publications and Duplication of Records
Amount
specified per
A. R. 3.8
E. Maps - large, color $ 36.00
F. Duplication of Zoning Adjustments Board, Landmarks Preservation Commission, and Design Review Commission meeting recordings
Amount
specified per
A. R. 3.8
G. Microfilm Duplication Fee
Amount
specified per
A.R. 3.8
H. Records Management Fee $ 50 per application
I. Letters Regarding Status of Properties $ 230 per hour, 2 hour min.

J. Housing Density Bonus Analysis - if separate from other permits $ 230 per hour of staff time K. Zoning Research $ 230 per hour, 2 hour min.

L. Oak Tree Review $ 230 per hour, 1 hour min.,
plus consultant costs
M. Use Permit Monitoring $ 230 per hour of staff time
N. Pre-application Reviews

1. Staff level review $ 920 Assumes 4 hours

2. Zoning Adjustments Board / Design Review Committee / Landmarks Preservation Commission / Planning Commission Review (at staff discretion in consultation with the applicant) $ 3,680 Assumes 16 hours O.

Dedicated Project Review: In addition to all required fees, applicants may request (or the City may require) dedicated project review in which the applicant pays the City for staff overtime or to contract with a consulting firm with particular relevant expertise to review the application. In such instances, the applicant shall remit a deposit equal to the total amount of the contract, based on the bids received by the City pursuant to its purchasing procedures. Progress billings will be made if charges are expected to exceed deposit; prompt payment of bills will assure continued project review. Failure to remit a progress payment within an appropriate time frame, as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal.

At cost
P. Community Planning Fee for General Plan and Zoning Ordinance Maintenance 15% Surcharge on all
Applications for AUP,
UP, Modification and/or
Variance.

Q. Coordinated Sign Design Program Fee $ 2,015
Sign program to cover
multiple signs in one
building or
development
XII. CONDOMINIUM
A. Rent Board Review $ 120 per unit
B. Notice of Local Law Compliance $ 3,680 Assumes 16 hours C. Conversion to Condominiums - one to four units $ 5,520 Base fee Deposit
assumes 24 hours. Add
$230 per hour for staff
time beyond 24 hours.

D. Conversion to Condominiums - five or more units $ 9,200 Base fee Deposit
assumes 40 hours. Add
$230 per hour for staff
time beyond 40 hours.

E. Appeal of an Administrative Determination on Conversion of a TIC to the Planning Commission by an Applicant $ 3,680 Assumes 16 hours
F. Appeal of Planning Commission Determination on Conversion to the City Council by an Applicant $ 5,520 Assumes 24 hours
G. Appeal of Planning Commission Determination on Conversion to the City Council by a Non- Applicant $ 3,680 Assumes 16 hours

FEE TYPE / DESCRIPTION FEE REMARKS

Land Use Planning portion of Planning Fee Schedule Attachment 2, Exhibit A NOTE: The minimum deposits listed are intended to reflect typical project costs. Progress billings will be made during review of a project if charges exceed the deposit: prompt payment of bills will assure continued project review. Failure to remit a progress payment within the appropriate time frame as determined by the Director of Planning and Development or his/her designee, will be treated as a withdrawal without prejudice to the underlying proposal. All fees are required to be paid prior to scheduling the item for Council consideration.

FEE TYPE / DESCRIPTION FEE REMARKS

ATTACHMENT 3
Coordinated Sign Design Program (CSDP) Flow Chart

Project with
Multiple Signs
Building with
Multiple Tenants
Street front with
Multiple Businesses
Design Review Committee
or
Landmarks Preservation Committee
(Signs on Historical Buildings)
Submit CSDP
Application & Pay CSDP
Fee
Zoning Adjustments Board
or
City Council
(Signs on Historical Buildings)
Appeals
Receive CSDP Permit
Approvals
New signs conforming to a
pre-approved CSDP are not
subject to a fee and may proceed
to the next step.

Initiate CSDP Process
Review of Proposed CSDP
CSDP Approval
Examples of Eligible Projects
Apply for a
Building PermitNew Sign on buildings with a CSDP
Permit

ATTACHMENT 4

Attachment 5

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

AMEND THE SIGN ORDINANCE AND ZONING ORDINANCE TO

CLARIFY DESIGN REVIEW PROCEDURES AND ESTABLISH AN

OPTIONAL COORDINATED SIGN DESIGN PROGRAM
The Department of Planning and Development is proposing to:

1. Adopt first reading of an Ordinance amending Title 20 [Signs] of the Berkeley Municipal Code to clarify Design Review procedures and establish an optional Coordinated Sign Design Program, as well as amend Chapter 23.406.070B [Design Review – When Required] for consistency with proposed Title 20 amendments; and

2. Adopt a Resolution amending Resolution 67,985-N.S., the Land Use Planning Fee schedule, to introduce a Coordinated Sign Design Program Fee.

The hearing will be held on, November 29, 2022 at 6:00 p.m. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 17, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Robert Rivera, Senior Planner, Land Use Planning Division at [email protected].

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service.

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981- 6900 or [email protected] for further information.

Published: November 11 & 18, 2022 – Berkeley Voice

Published pursuant to Government Code Sections 6062a, 65856(a), & 65090 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 17, 2022.
__________________________________
Mark Numainville, City Clerk

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

PUBLIC HEARING
November 29, 2022
To: Honorable Mayor and Members of the City Council

From: Dee Williams-Ridley, City Manager

Submitted by: Jordan Klein, Director, Department of Planning and Development

Subject: Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,839-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes in BMC Chapters

19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions.

SUMMARY
The purpose of this report is to provide background on the 2022 California Building Standards Code, identify key changes from the 2019 to 2022 Code editions, and summarize the proposed local amendments, which include:
• Adoption of the California Residential Code Appendix AU Cob Construction in support of sustainable construction practices, which reduce environmental impact and provide increased thermal efficiencies; and
• Amendments to the California Plumbing Code to require installation of motion activated gas shut off valves in construction of new and alterations or additions to existing buildings containing fuel gas piping for which a mechanical or plumbing permit is issued. This amendment is in response to a referral from the Disaster and Fire Safety Commission to help reduce or prevent gas-related fires in the event of a major seismic event; and
• Amendments to the California Green Buildings Standards Code (CALGreen) to increase electric vehicle charging infrastructure and readiness requirements in all building types.

The 2022 California Building Standards Code, with local amendments, is adopted in the Berkeley Municipal Code, Title 19, as the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Codes (Berkeley Building Codes).

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

FISCAL IMPACTS OF RECOMMENDATION
Adoption of the revised and expanded 2022 California Buildings Standards Code, with the proposed local amendments, will increase the plan check and inspection workload.

The expanded California Green Building Standards Code (CALGreen) and the more complex 2022 California Energy Code, which include additional acceptance testing, verification and documentation provisions, will increase plan check and inspection requirements. On July 16, 2019, while adopting an Ordinance Prohibiting Natural Gas Infrastructure in New Buildings, the City Council confirmed that an additional program manager position in the Building and Safety Division of the Planning and Development Department would be needed to implement the Natural Gas Prohibition, CALGreen EV requirements, regularly changing Energy Code requirements, and other Code amendments in support of the Berkeley “Deep Green” Building Initiative. In FY 2022 the Building and Safety Division recruited a Green Building Program Manager, but the position was limited to two years due to pandemic-related budget restrictions. A permanent full-time position is required for ongoing implementation and enforcement of these green building requirements, and is expected to be reflected in the FY 24/25 budget request for Council consideration. The annual cost of extending the Green Building Program Manager position is estimated at $273,341.

CURRENT SITUATION AND ITS EFFECTS
As part of a regular three-year cycle, the State Building Standards Commission has published the 2022 California Building Standards Code that must go into effect no later than January 1, 2023. The California Building Standards Code (California Code of Regulations, Title 24) includes the Building Code (Part 2), Residential Code (Part 2.5), Electrical Code (Part 3), Mechanical Code (Part 4), Plumbing Code (Part 5), Energy Code (Part 6), Historical Code (Part 8), Existing Building Code (Part 10), and Green Building Standards Code (Part 11). The Codes provide for minimum uniform standards for health and safety related to the built environment and for their enforcement through a system of permits, plan review, and inspections.

The ordinance proposed for Council adoption, supported by the resolution of findings, provides for the adoption of the referenced California Codes along with certain local amendments, effective January 1, 2023. If this ordinance does not become effective by January 1, 2023, the 2022 California Building Standards Code will automatically become effective on that date, and until a local ordinance were to become effective, the City would not be able to maintain or implement the local amendments tailored to Berkeley. The last day to file for a building permit to be reviewed under the current 2019 Codes will be Friday, December 30, 2022.

The City’s building-related codes include local amendments reflecting operations and local climatic, geological, and topographical conditions that need to be included as part of the adoption of the new code. Under state law, local jurisdictions may adopt other administrative provisions appropriate to the locality and may adopt stricter code provisions if justified by findings of local climatic, geological or topographical conditions.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

This ordinance, with the local amendments, supports the City’s Strategic Plan goals to create a resilient, safe, connected, and prepared city, and to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. The proposed actions also support emergency housing provisions to assist in the declared homeless shelter crisis.

BACKGROUND
The Council last adopted new California Building Standards Code with local amendments in 2019, which became effective on January 1, 2020. As with the last code adoption, staff is conducting community outreach to inform future applicants and other community members that all permit applications submitted on or before December 30, 2022, will be reviewed under the current 2019 building codes. Outreach includes notifications on the City’s homepage websites, announcements on the online permit center website, notification flyers at the Permit Service Center, and email notification to local building professionals.

When the Department opens on January 3, 2023 after the observed New Year’s Day holiday, new permit applications will be reviewed for conformance to the 2022 California Building Standards Code with adopted local amendments.

Codes recommended for adoption are the Berkeley Building Code (Chapter 19.28), which also includes the Historical Building Code and the Existing Building Code, the Berkeley Residential Code (Chapter 19.29), the Berkeley Electrical Code (Chapter

19.30), the Berkeley Mechanical Code (Chapter 19.32), the Berkeley Plumbing Code (Chapter 19.34), the Berkeley Energy Code (Chapter 19.26) and the Berkeley Green Code (Chapter 19.37).

Berkeley Building Code (Chapter 19.28)
The 2022 California Building Code adopted in BMC Chapter 19.28 includes numerous model code changes, impacting use and occupancies, allowable building heights and areas, fire protection features, means of egress, structural modifications, etc. Of major importance are the introduction of three additional construction types for larger and taller mass timber buildings, new provisions for small and large family care facilities in apartment buildings, introduction of the minimum safety requirements for shipping containers to be repurposed for use as buildings and structures. These changes are designed to provide enhanced protection of public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures. The second reading of 2022 Berkeley Building Code adoption also includes a recommended replacement of the text in Subsection 712A.3 (Automatic fire sprinkler systems in Fire Zone 3) with a reference to Berkeley Fire Code. In the past code adoptions this section was a reprint of Berkeley Fire Code Section 903.2.24 (formerly 903.2.23), which has been revised in the 2022 Berkeley Fire Code to “Reserved” for future action at a later date.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

Berkeley Residential Code (Chapter 19.29)
The 2022 California Residential Code adopted in BMC Chapter 19.29 includes numerous model code changes further refining prescriptive provisions for the construction of dwellings. Of major importance are the updated local climatic criteria refining the energy needs for dwelling units for the purpose of ensuring that the selected HVAC equipment meets the heating or cooling requirements, introduction of the minimum safety requirements for shipping containers to be repurposed for use as residential or accessory buildings and structures, and a new Appendix AU Cob Construction which provides requirements for clay, sand and straw to be used as the primary building material. These changes are designed to provide enhanced protection of public health, safety and general welfare as they relate to the construction and use of residential buildings and structures. The second reading of 2022 Berkeley Residential Code adoption also includes a recommended replacement of the text in Subsection R337.12.3 (Automatic fire sprinkler systems in Fire Zone 3) with a reference to Berkeley Fire Code. In the past code adoptions this section was a reprint of Berkeley Fire Code Section 903.2.24 (formerly 903.2.23), which has been revised in the 2022 Berkeley Fire Code to “Reserved” for future action at a later date.

Berkeley Mechanical Code (Chapter 19.32)
The 2022 California Mechanical Code adopted in BMC Chapter 19.32 incorporates the prior local Berkeley amendment to require installation of residential kitchen range hoods with a minimum air flow of 100 cfm and maximum sound rating not exceeding 3 sones over residential stoves and cooktops.

Berkeley Plumbing Code (Chapter 19.34)
In response to a referral from the Disaster and Fire Safety Commission, adopted by the City Council on June 1, 2021 (see Attachment 3), staff proposes a local amendment to the 2022 California Plumbing Code, adopted in BMC Chapter 19.34, to include a mandatory requirement for the installation of motion activated gas shut off valves in construction of new and alterations or additions to existing buildings containing fuel gas piping for which a mechanical or plumbing permit is issued regardless of the permit valuation. This amendment is intended to reduce or prevent serious gas-related fires or explosions in the event of a major seismic event.

Berkeley Energy Code (Chapter 19.36)
The 2022 California Energy Code adopted in BMC Chapter 19.36 incorporates requirements for rooftop solar photovoltaic (PV) systems for new nonresidential and new multifamily buildings, which are based on the City of Berkeley requirements previously added through local Reach Code amendments to the 2019 Energy Code.

The comprehensive electric readiness requirements now mandated for new residential construction in the 2022 California Energy Code, including building systems for water heating, space conditioning, clothes drying, and cooking, have been modeled on Berkeley’s own 2019 Energy Reach code amendments.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

The 2022 California Energy Code introduces substantial additional changes over the previous code cycle. It incorporates a new energy source metric, adds chapters specifically addressing energy requirements for multi-family residential buildings, adds comprehensive electric readiness requirements for single family and multi-family buildings, adds new requirements for nonresidential building systems, requires energy storage systems (ESS) for multi-family buildings of three stories or more and nonresidential buildings, and requires higher ventilation rates.

Since the 2019 Berkeley Reach Code amendments have been incorporated into the 2022 California Energy Code and statewide cost-effectiveness studies have not been provided to justify further amendments, staff proposes adoption of the 2022 California Energy Code without amendments. This recommendation aligns with the regional consensus that any local all-electric building provisions reside outside of the Energy Code. The Natural Gas Prohibition in Berkeley Municipal Code Chapter 12.80 enables design professionals and developers to design new buildings as all-electric from project inception. All electric building compliance is verified as part of the building permit plan review and field inspection process.

Berkeley Green Code (Chapter 19.37)
The 2022 California Green Building Standards Code (CALGreen) adopted in BMC Chapter 19.37 makes moderate changes in comparison to the 2019 CALGreen, primarily concentrated on electric vehicle (EV) charging readiness, including charging provisions for medium and heavy-duty commercial vehicles. The proposed local amendments retain additional EV charging requirements, maintain requirements for low- carbon concrete, and preserve past local amendments for increased construction and demolition (C&D) waste diversion. No cost-effectiveness demonstration is required for local amendments to CALGreen.

The proposed local amendments require increased EV charging readiness and installation in new buildings, in keeping with Berkeley’s amendments to the 2019 CALGreen Code and implementation of Berkeley’s Electric Mobility Roadmap.

Specifically, where parking spaces are provided, the proposed EV amendments require:
• Single-family homes, duplexes, and townhouses must have at least one parking space equipped with a raceway, wiring, and power to support a future Level 2 EV charging station. In contrast, the model code requires only a raceway and panel space.
• Multifamily and Hotel/Motel buildings must have at least 20% of spaces as EV capable to support future Level 2 EV charging stations and at least 5% of spaces with EV charging stations installed. In contrast, the model code requires only 10% EV capable spaces and 5% EV charging stations for buildings with 20 dwelling units or greater.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

• Nonresidential buildings must have at least 20% of spaces as EV capable to support future Level 2 EV charging stations and at least 10% of spaces with EV charging stations installed. In contrast, the model code requires 15% EV capable spaces and 5% EV charging stations.

These proposed amendments further strengthen 2022 CALGreen requirements for EV charger installations which is supported by the Berkeley Electric Mobility Roadmap. EV charging infrastructure is a critical component to electric vehicle adoption, and it is significantly more expensive to install as a retrofit than during new construction.

Ensuring that newly constructed residential and nonresidential parking has EV charging capability will reduce the long-term costs of EV infrastructure installation, while helping to increase EV adoption, and ultimately help to decrease greenhouse gas emissions associated with transportation.

Berkeley’s Electric Mobility Roadmap emphasizes that being able to charge at home or at work location is critical for supporting EV ownership and that, increasingly, daytime charging at work or other nonresidential locations could be used to leverage surplus renewable energy. The Roadmap estimates that Berkeley will need about 380 workplace EV charging stations by 2025 to be on track for the Berkeley Climate Action Plan goal of reducing greenhouse gas emissions by 80% from 2000 levels by 2050. To get to zero net carbon in line with State goals by 2045, the goal increases to 610 workplace EV charging stations. Requiring EV charging station installation in new multifamily, nonresidential, and hotel/motel buildings, in concert with EV charging readiness requirements for residential and nonresidential developments, will substantially facilitate electric vehicle adoption in Berkeley.

Previous Local Amendments
Previous local amendments, with some revisions and updates in code language and code sections, that are recommended for continuance in the reenacted Berkeley Building Code (BMC Chapter 19.28) include:
• Article 1. Scope and Administrative Provisions – local amendments concerning permits, applications, fees, undocumented units, appeals, violations, unsafe buildings, and safety assessment placards.
• Article 2. Restrictions in Fire Zones – adding additional local requirements applicable to additions, alterations, repairs and re-roofs, and enacting fire protection areas not covered by the state-mandated areas. • Article 3. Wood Burning Appliances – local amendment reducing the health risks caused by wood smoke based upon Berkeley’s climatic conditions. • Article 4. Projection into Public Right of Way – an administrative amendment concerning revocation, removal and indemnification regarding construction in the Right of Way.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

• Article 5. Existing Buildings – adopting 2022 California Existing Building Code and certain chapters of the 2021 International Existing Building Code to reduce the risk from earthquakes.
• Article 6. Repairs to Existing Buildings and Structures – establishing updated regulations for the repairs of damaged structures to comply with the Stafford Act, which authorizes the Federal Emergency Management Agency (FEMA) to fund the repair and restoration of eligible facilities damaged in a declared disaster and requires that the repair and restoration be "on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes, specifications and standards.” • Article 7. Amendments to Structural Standards – addressing Berkeley’s close proximity to major earthquake faults. The Berkeley Building Official has participated in meetings of the Tri-chapter Uniform Code Committee (TUCC), which is part of the International Code Council East Bay Chapter. The TUCC recommended several structural amendments to the 2022 California Building and Residential Codes, which are included in the proposed local amendments for Berkeley.
• Article 8. Construction of Exterior Appurtenances – establishing more stringent construction standards for exterior elevated elements and continuing the amendments adopted in July 2015 following the balcony collapse at 2020 Kittredge Street.
• Article 9. Emergency Housing Appendix P (formally Appendix O) – establishing local amendments reflecting the particular characteristics and needs of Berkeley’s emergency shelter responses.

Previous local amendments, with some revisions and updates in code language and code sections, that are recommended for continuance in the reenacted Berkeley Residential Code (BMC Chapter 19.29) include:
• Adoption of the California Residential Code Appendices AR and AS for light straw-clay and strawbale construction in support of sustainable construction practices which reduce environmental impact and provide increased thermal efficiencies.
• Adoption of the California Residential Code Appendix AQ for tiny homes used as dwelling units, relaxing various code requirements as they apply to smaller homes in response to the California housing crisis.
• Section 19.29.050 Materials and Construction Methods for Exterior Wildlife Exposure – adding additional local requirements applicable to additions, alterations, repairs and re-roofs, and enacting fire protection areas not covered by the state-mandated areas.
• Section 19.29.060 Technical Amendments to Structural Standards – addressing

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

Berkeley’s close proximity to major earthquake faults.

Previous local amendments, with some revisions in code language and code sections, that are recommended for continuance in the reenacted Berkeley Green Code (BMC Chapter 19.37) include:
• Section 19.37.040 Construction and Demolition debris amendments to require that 100% asphalt, concrete, excavated soil and land-clearing debris be diverted from disposal by recycling, reuse, and salvage, in addition to the general 65% diversion requirement.
• Section 19.37.040 Low-carbon concrete requirement, which requires that cement used in concrete mix design be reduced by not less than 25 percent.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Adoption of the 2022 Berkeley Building Codes with local amendments is important to meeting Berkeley’s Climate Action Plan, Zero Waste, and Fossil Fuel Free Berkeley goals. The Berkeley Green Code, through expanded EV charging and low-carbon concrete requirements, limits the greenhouse gas emissions associated with transportation (currently about 60% of Berkeley’s total emissions) and the use of concrete, a common building product that is responsible for approximately 8% of global carbon emissions. In addition, the increased diversion requirements for construction and demolition materials keeps waste out of landfills. Continued implementation of the Energy Code and Natural Gas Prohibition, including the verification of compliance through the building permit and inspection process, results in new buildings operating on cleaner energy, which supports Berkeley’s Climate Action and Fossil Fuel Free City goals.

RATIONALE FOR RECOMMENDATION
Local codes must be adopted every three years or state codes go into effect without local amendments. Adoption of local amendments and findings are needed to adapt the state codes to Berkeley’s particular administrative, topographic, geologic and climatic conditions. The purpose of the non-administrative local amendments is to provide a higher level of safety than is reflected in the 2022 codes adopted by the State. The fire and seismic danger and other local conditions, as described in detail in the attached resolution of local conditions, justify the Berkeley code amendments that are stricter than the California Building Standards Code.

According to the California Building Standards Commission, the repeal of prior code is often overlooked by municipalities and is critically important to ensure that obsolete provisions are expressly repealed.

ALTERNATIVE ACTIONS CONSIDERED
Adopt the California Buildings Standards Code with fewer, or no, local amendments; or take no action, and let the state mandated codes take effect without local amendments specifically designed for Berkeley.

Adoption of Berkeley Building Codes, including PUBLIC HEARING Local Amendments to California Building Standards Code: Second Reading November 29, 2022

CONTACT PERSON
Alex Roshal, Chief Building Official, Manager of Building and Safety Division, Planning and Development Department, 510-981-7445
David Lopez, Assistant Building Official, Building and Safety Division, Planning and Development Department, 510-981-7441
Kurt Hurley, Green Building Program Manager, Building and Safety Division, Planning and Development Department, 510-981-7501
Attachments:
1: Code Adoption Ordinance
2: Referral from the Disaster and Fire Safety Commission, adopted by Council 6/1/21 3: Public Hearing Notice

Ordinance No. 7,839-N.S. Page 1 of 54

ORDINANCE NO. 7,839–N.S.

REPEALING AND REENACTING BERKELEY MUNICIPAL CODE CHAPTERS 19.28 (BERKELEY BUILDING CODE), 19.29 (BERKELEY RESIDENTIAL CODE), 19.30 (BERKELEY ELECTRICAL CODE), 19.32 (BERKELEY MECHANICAL CODE), 19.34 (BERKELEY PLUMBING CODE) , 19.36 (BERKELEY ENERGY CODE), AND 19.37 (BERKELEY GREEN CODE)

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.28 is he reby repealed and reenacted to read as follows:

Chapter 19.28
BERKELEY BUILDING CODE*

Sections:

19.28.010 Adoption of the California Building Code

Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration

Article 2. Restrictions in Fire Zones

19.28.030 Chapter 7A Materials and Construction Methods for Exterior Wildlife Exposure

Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances

Article 4. Projection into Public Right of Way

19.28.050 Encroachment into the Public Right of Way - Revocation and Removal Indemnification and Hold Harmless

Article 5. Existing Buildings

19.28.060 Adoption of 2022 California Existing Building Code and certain Chapters of the 2021 International Existing Building Code by Reference

Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures

Article 7. Amendments to Structural Standards

19.28.080 Technical Amendments to Structural Standards

Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting Elements and Appurtenances

Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities

Notes:
* See Chapter 1.24 for abatement of nuisances by City.

19.28.010 Adoption of the California Building Code.

A. The California Building Code, 2022 edition, as adopted in Title 24 Part 2 of the California Code of Regulations, including Appendices I, J and P, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. The California Historical Building Code, 2022 edition, as adopted in Title 24 Part 8 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

C. The California Existing Building Code, 2022 edition, as adopted in Title 24 Part 10 of the California Code of Regulations, including Appendix A, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

D. This Chapter shall be known as the "Berkeley Building Code" and shall be referred to in this Chapter as "this Code."
E. This Chapter will become effective on January 1, 2023, and shall not apply to any building permit submitted by December 31, 2022.

Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 – GENERAL
101.1 Title. These regulations shall be known as the Berkeley Building Code, hereinafter referred to as “this Code”.
101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.9, and referenced elsewhere in this Code, shall be considered part of the requirements of this Code to the extent prescribed in each such reference.

101.4.1 Gas. The provisions of the Berkeley Mechanical Code, based on the 2022 California Mechanical Code, and the Berkeley Plumbing Code, based on the 2022 California Plumbing Code, as amended herein, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements ap ply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Berkeley Mechanical Code, based on the 2022 California Mechanical Code, as amended herein, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittin gs and/or appurtenances, including ventilating, heating, cooling, air -conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Berkeley Plumbing Code, based on the 2022 California Plumbing Code, as amended herein, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Berkeley Plumbing Code shall apply to private sewage disposal systems. 101.4.4 Residential property maintenance. The provisions of the Berkeley Housing Code, as adopted in Chapter 19.40, shall apply to existing r esidential buildings and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building Code shall not be deemed to be in violation of the Housing Code provisions that may conflict. 101.4.5 Fire prevention. The provisions of the Berkeley Fire Code based on the 2022 California Fire Code, as adopted in Chapter 19.48, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Berkeley Energy Code, based on the 2022 California Energy Code, as amended herein, shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Existing buildings. The provisions of the Berkeley Existing Building Code, based on the 2022 California Existing Building Code, as amended herein, shall apply to matters governing the repair, alterati on, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Electrical. The provisions of the Berkeley Electrical Code, based on the 2022 California Electrical Code, as amended herein, shall apply to the installation of electrical sy stems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.9 Green. The provisions of the Berkeley Green Code, based on the 2022California Green Building Standards Code, as amended herein, shall apply to enhanced design and construction of buildings through the use building concepts having a reduced negative impact or the positive environmental impact and encouraging sustainable construction practices.
101.5 References to prior codes. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former Berkeley Building Code editions, shall be construed to apply to the corresponding provisions contained within the 2022 Berkeley Building Code Ordinance No. X,XXX–N.S. and all ordinances amendatory thereof. Any ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 103 – DIVISION OF BUILDING AND SAFETY
103.1 Creation of enforceme nt agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building officia l. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The building official shall be appointed by the City Manager. 103.3 Deputies. The building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, other technical officers and employees. Such employees shall have powers as delegated by the building official.

SECTION 104 – DUTIES AND POWERS OF BUILDING OFFICIAL
104.7 Division records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, notices of violations, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

Add a new Subsection 104.12 to read:

104.12 Unpermitted dwelling units. When a building permit record for a residential unit does not exist, the building official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

SECTION 105 – PERMITS
105.3.2 Expiration of application. An application for a permit for any proposed work shall expire one year after the date of filing, unless it can be demonstrated by the applicant that such application has been pursued in good faith or a permit has been issued. The building official or the permit service center coordinator are authorized to grant one or more extensions of time for additional periods not exceeding a 180 days per extension.

The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

If a project is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section. 105.5 Expiration of permit. Permits issued by the building official shall expire one year from the date of issu ance. The building official or the supervising building inspector are authorized to grant one or more extensions of time to complete the work for additional periods not exceeding one year per extension. The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

The issuance of a building permit shall not excuse the permittee or any other person from compliance with any notice and/or order to correct a code violation issued by the City.

When a permit is expired and a new permit is required to complete the work, a new permit application and plans shall be filed describing the remaining work to be done. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

SECTION 109 – FEES
109.1 Payment of fees. Except when fees are deferred, a permit shall not be valid until the fees as set forth by resolution of City Council have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as

required, in accordance with the fee as set forth by resolution of the City Council. Fees for permits and inspections and other related services under this Code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit shall be subject to a fee as set forth by resolution of the City Council equal to and in addition to the permit fees for the portion of the scope of work performed without the permit.
109.7 Re -inspection fees. A re -inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. Rather this section shall be used to control the practice of calling for inspections before the job is ready for such inspection, or when the approved plans are not readily available to the inspector, or for failure to provide access on the date for which the inspection is requested, or when work deviates from the approved plans but no revision is submitted to the City.

To obtain a re -inspection, the applicant shall pay the re -inspection fee as set forth by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

SECTION 112 – SERVICE UTILITIES

112.4 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has b een given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the building official, as provided by a Temporary Certificate of Occupancy or Final Certificate of Occupancy.

112.5 Unsafe service utilities. Unsafe service utilities are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appr opriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When

service utilities are maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

112.6 Authority to disconnect utilities in emergencies. The building official or building official’s authorized representative shall have the authority to disconnect electrical power or other energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official or building official’s authorized representative shall, whenever possible, notify the serving utility, and the owner of the building, structure or electrical system or equipment and any building occupants of the decision to disconnect prior to taking such action and shall notify them, in writing, of the disconnection as soon as possible thereafter.

112.7 Authority to condemn electrical system and equipment. Whenever the building official determines that an electrical system or electrical equipment regulated by this Code is hazardous to life, health or property, the building official may order in writing that such electrical system or equipment either be removed or restored to a safe condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective electrical systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be discon nected, a written notice of such disconnection and the reasons therefore shall be given within 24 -hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.
112.8 Connection after order to disconnect. Persons shall not make connections to a service utility system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has be en ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the electrical system or equipment.

SECTION 113 – BOARD OF APPEALS

113.1 General. In order to hear and decide appeals of orders, deci sions, or determinations made by the building official relative to the application and interpretation of this Code, there shall be and is hereby created a board of appeals consisting of the Housing Advisory Commission pursuant to Section 19.44.020 of the B erkeley Municipal Code. The building official may convene and consult with an advisory panel of qualified individuals. This advisory panel is intended to help the building official in formulating and making staff recommendations to the Housing Advisory Commission. The advisory panel may provide written and/or oral presentations to the Housing Advisory Commission as needed.
113.3 Qualifications. The board of appeals shall consist of members meeting the qualifications required for the Housing Advisory Commission. The advisory panel shall consist of individuals found by the building official to be qualified by experience and training in the specific area of the appeal who are not employees of the jurisdiction.

SECTION 114 – VIOLATIONS
114.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law. Viola tions of this Code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, building official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17(d). Nothing in this Sect ion shall prevent any other remedy afforded by law.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become structurally unsafe, insanitary or deficient because of inadequate means of e gress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe conditi on. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

All such unsafe buildings, equipm ent, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 116.6 Safety Assessment Placards.

116.6.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for occupancy after a natural or human -caused disaster and a rapid evaluation by authorized personnel. The building official or authorized representatives shall post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
116.6.2 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of Berkeley. The City Council may extend the provisions as necessary.
116.6.3 Definitions.
116.6.3.1 "Safety Assessment" is a visual, no n-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 116.6.3.2 Placards. Following are titles and descriptions of the official jurisdiction placards to be used to designate the condition of a building structure for continued occupancy, partial or conditional occupancy, or unsafe to enter. Copies of placards are on file in the Building and Safety Division of the Planning and Development Department.

INSPECTED – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean there is no damage to the building or structure, but that any damage that occurred does not present a hazard to occupants.

RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy.

The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Building or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or the building official’s authorized representative. Safety assessment teams shall be authorized to enter these building at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 116.6.4 Content of placard. The BMC Section number and the words "City of Berkeley" shall be permanently affixed to each placard.
116.6.5 Unlawful to remove. Once a placard has been attached to a building or structure, it is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

Article 2. Restrictions in Fire Zones

19.28.030 CBC Chapter 7A Materials and Construction Methods for Exterior Wildlife Exposure.

Chapter 7A of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
701A – SCOPE, PURPOSE AND APPLICATION
701A.1 Scope. This chapter applies to building mate rials, systems and or assemblies used in the exterior design and construction of new buildings and structures, additions, alterations, repairs and re-roofs located within a Wildland-Urban Interface (WUI) Fire Area as defined in Section 702A.
701A.2 Purpose. The purpose of this Chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any building or structure in the Wildland-Urban Interface (WUI) Fire Area to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.

701A.3 Application. New buildings located in any Fire Hazard Severity Zone or new buildings and structures, additions, alterations, repairs and re-roofs located in any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.

This shall include all new buildings and structures, additions, alterations, repairs and re- roofs with residential, commercial, educational, institutional or similar occupancy type uses, which shall be referred to in this chapter as “applicable building(s)” (see definition in Section 702A), as well as new buildings and structures, additions, alterations, repairs and re-roofs accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:

1. Group U occupancy accessory buildings or structures, of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

2. Group U occupancy agricultural buildings or structures, as defined in Section 202 of this code of any size located at least 50 feet (15 240 mm) from an applicable building.

3. Group C occupancy special buildings or structures conforming to the limitations specified in Section 450.4.1.

4. New accessory buildings and miscellaneous structures specified in Section 710A shall comply only with the requirements of that section.

5. Additions to and remodels of buildings originally constructed prior to July 1, 2008.

701A.3.1 Application date and where required. New buildings for which an application for a building permit is submitted on or after July 1, 2008 located in any Fire Hazard Severity Zone or buildings and structures, additions, alterations, repairs and re -roofs for which an application for a building permit is submitted on or after July 1, 2008 located in the Wildland Interface Fire Area shall comply with all sections of this chapter ., including all of the following areas:

1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

1.1. Moderate Fire Hazard Severity Zones.

1.2. High Fire Hazard Severity Zones.

1.3. Very-High Fire Hazard Severity Zones.

2. Land designated as Very-High Fire Hazard Severity Zone by cities and other local agencies.

3. Land designated as Wildland Interface Fire Area by cities and other local agencies.

Exceptions:

1. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter.

2. New buildings located in any Fir e Hazard Severity Zone within State Responsibility Areas or any Wildland Interface Fire Area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005 but prior to July 1, 2008, s hall only comply with the following sections of this chapter:

2.1. Section 705A — Roofing.

2.2. Section 706A — Attic Ventilation.
702A – DEFINITIONS
APPLICABLE BUILDING. A building or structure that has residential, commercial, educational, institutional or similar occupancy type use.

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to t ime. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: the eastern section of the University of California, Berkeley main campus, block number 2042 (Alameda County Assessor’s parcel numbering (APN) system), to the east city line; all of the Clark-Kerr campus, block number 7690, to the east city line; all of block number 7680 in the City of Berkeley; portions of block number 1702 in the City of Berkeley. See E xhibit A for the specific parcels by APN and address.

FIRE ZONE 3 encompasses those areas designated as Environmental Safety – Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district . Fire Zones 2 and 3 are designated as Local Responsibility Area.

WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Fire Zones 2 and 3 are designated as Wildland-Urban Interface (WUI) Fire Area. 705A – ROOFING
705A.1 General. Roofs shall comply with the requirements of Chapter 7A and Chapter

15. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer's installation instructions. Roof assemblies in the Fire Hazard Severity Zones shall be Class A rating when tested in accordance with ASTM E108 or UL790.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system.

Exception: Replacement of less than 50% of the roof area within a 5-year period. 705A.5 Spark Arrestors. All chimneys of fireplaces, stoves, barbecues or heating appliances using solid fuel shall be provided with an approved spark arrestor whenever modification has been made to any of these appliances, or whenever a structure is r e- roofed. The net free area of the spark arrestor shall be not less than four times the net free area of the outlet of the chimney. The spark arrestor shall have heat and corrosion resistance equivalent to twelve -gauge wire, nineteen-gauge galvanized wire, or twenty- four-gauge stainless steel. Openings shall not permit the passage of spheres having a

diameter larger than one -half inch and shall not block the passage of spheres having a diameter of less than three -eighths inch. The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need. 707A – EXTERIOR COVERING
707A.3.2 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in this Chapter.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible. 711A – UNDERGROUND UTILITY CONNECTIONS
711A.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to elec trical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the street property. 712A – ADDITIONAL REQUIREMENTS IN FIRE ZONE THREE
712A.1 General. In addition to meeting the other requirements of this Chapter, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within Fire Zone Three shall comply with the following requirements for buildings and structures. 712A.2 Fire warning system. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke detector requirements of the current edition of the California Building Code and with an audible exterior alarm. The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more.
712A.3 Automatic fire sprinkler systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24. 712A.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire resistive construction. Adequate covered access openings for servici ng and ventilation of such facilities shall be provided as required by appropriate codes.
712A.5 Control of brush or vegetation. Brush and vegetation shall be controlled as required in the Berkeley Fire Code.
712A.6 Special Conditions. The following additional conditions must be met:

1. Public access roads and fire trails. No person(s) shall use any public access road or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, or earth from any grading or excavating.

2. Water Service. The water service to the site shall be installed with a ¾” hose bib connection prior to beginning any wood framing. The person responsible for the construction shall have at the site a 75 ft ¾” hose available.

Exhibit A
Parcels in Addition to the Combined Hillside District

The following additional parcels by Assessor’s Parcel Number and address are included in Fire Zone Two:

Parcel Number (APN) Address
048-7680-001-02 3 Tanglewood Road
048-7680-002-01 5 Tanglewood Road
048-7680-031-00 7 Tanglewood Road
048-7680-019-00 11 Tanglewood Road
048-7680-014-00 19 Tanglewood Road
048-7680-032-01 25 Tanglewood Road
048-7680-027-00 29 Tanglewood Road
054-1702-067-00 10 Tanglewood Road
054-1702-068-00 18 Tanglewood Road
054-1702-069-00 22 Tanglewood Road
054-1702-070-00 28 Tanglewood Road
054-1702-063-00 2701 Belrose Avenue
054-1702-076-00 2715 Belrose Avenue
054-1702-075-00 2721 Belrose Avenue
054-1702-074-00 2729 Belrose Avenue
054-1702-073-00 2737 Belrose Avenue
054-1702-112-00 2801 Claremont Boulevard
054-1702-123-01 2811 Claremont Boulevard
054-1702-122-00 2815 Claremont Boulevard
054-1702-120-01 2821 Claremont Boulevard
054-1702-114-01 2816 Claremont Avenue
054-1702-115-00 2820 Claremont Avenue
054-1702-072-00 3005 Garber Street
054-1702-071-00 3015 Garber Street
054-1702-113-00 3020 Garber Street
054-1702-116-00 3017 Avalon Avenue
Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances.

Chapter 31 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
3116 Wood Burning Appliances.

A. The purpose of this section is to reduce the health risks caused by wood smoke under the climatic conditions applicable to Berkeley.

B. For purposes of this section the following terms shall be defined as set forth below.

1. “EPA” means the United States Environmental Protection Agency.

2. “EPA Certified” means any wood heater that is labeled “EPA Certified” in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations or equivalent, in effect at the time the wood heater is installed.

3. “Pellet heater” means wood heaters that burn pellet fuel exclusively and are either EPA-certified or exempted under EPA requirements set forth in Part 60 Title 40, Subpart AAA, of the Code of Federal Regulations, February 26, 1988.

4. “Wood-burning” means an appliance that burns wood or any wood-based solid fuel, including but not limited to wood pellets.

5. “Wood burning cooking device” means any wood -burning device that is designed or primarily used for cooking.

6. “Wood-burning fireplace” means any permanently-installed masonry or factory- built wood -burning appliance, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in 40 CFR

60.531 nor designed and used for cooking.

C. No wood-burning fireplace or wood heater as defined in 40 CFR 60.531, that is n ot EPA certified or exempted by under EPA requirements may be installed in any occupancy.

Exception: Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair or reconstruction. For purposes of this exception, the term repair includes resurfacing the combustion chamber, but does not include replacing any other part of the combustion chamber.

D. Wood burning cooking devices are not prohibited by this section.

E. Any person planning to install a wood-burning fireplace or heating stove must submit verifiable documentation to the City showing that the appliance conforms to the requirements of this section.

Article 4. Projection into Public Right of Way

19.28.050 Encroachments into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Chapter 32 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
3202 – ENCROACHMENTS
3202.5 Projection into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Any permits granted pursuant to this Code which allow any projection upon, over, or under the public right of way may be revoked by the City at any time. Upon such revocation, the permittee or permittee’s successor(s) or assignee(s) shall forthwith remove such projection at permittee’s cost and expense and without any cost or expense whatsoever to the City.

Any person who is granted a permit pursuant to the provisions of this Code which allows a projection upon, over or under the public right of way shall by the issuance of such permit thereby indemnify and hold harmless the City of Berkeley, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such p ermit, or the existence of such projection.

The obligation of such indemnification and hold harmless provision shall be applicable to the successor(s) and assignee(s) of the permittee.

Article 5. Existing Buildings

19.28.060 Adoption of 2022 California Existing Building Code and certain Chapters of the 2021 International Existing Building Code by reference. 2022 California Existing Building Code (CEBC), including Appendix A, is adopted in its entirety subject to the modifications thereto which are set forth below.

DIVISION II SCOPE AND ADMINISTRATION
All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any CEBC administrative provisions that may conflict.

101.9 Adoption of Certain Chapters of the 2021 International Existing Building Code by reference.

When seismic retrofit is not otherwise required by this Code, the following Chapters of the 2021 International Existing Building Code (IEBC) publish ed by the International Code Council contained in the IEBC Appendix A are hereby adopted by reference as applicable to the types of buildings as designated therein as though fully set forth herein:

Chapter A2, Earthquake Hazard Reduction in Existing Rein forced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures.

Add a new Subsection 405.2.7 to Chapter 4 Sect ion 405 of the California Existing Building Code.
405.2.7 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code or ASCE 41 Seismic Evaluation and Retrofit of Existing Buildings . The procedures contained in Appendix A Chapters A1, A3 and A4 of the California Existing Building Code and Appendix A Chapter A2 of the International Existing Building Code shall be permitted to be used as specified in Section 405.2.7.2. 405.2.7.1 Compliance with CBC level seismic forces. Where compliance requires the use of full seismic forces, the criteria shall be in accordance with one of the following:

1. One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as “Ordinary,” the values of R, Ωo, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural syst ems classified as “Ordinary” in accordance with Table 12.2 -1 of ASCE 7, unless it is demonstrated that the structural system will provide performance equivalent to that of a “Detailed,” “Intermediate” or “Special” system.

2. ASCE 41, using a Tier 3 procedure and the two-level performance objective in Table 405.2.7.1.

Table 405.2.7.1
PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH

FULL SEISMIC FORCES

RISK CATEGORY (Based
on CBC Table 1604.5)

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-1N

EARTHQUAKE HAZARD
LEVEL

STRUCTURAL

PERFORMANCE LEVEL

FOR USE WITH
BSE-2N EARTHQUAKE

HAZARD LEVEL
I Life Safety (S-3) Collapse Prevention (CP)
II Life Safety (S-3) Collapse Prevention (CP)
III Damage Control (S-2) Limited Safety (S-4)
IV Immediate Occupancy (S-1) Life Safety (S-3)

405.2.7.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced seismic forces, the criteria used shall be in accordance with one of the following:

1. The California Building Code using 75 percent of the prescribed forces. Values of R, Ωo, and Cd used for analysis shall be as specified in Section 405.2.7.1 Item 1.

2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the California Existing Building Code (CEBC) or Appendix A of the International Existing Building Code (IEBC) as specified in Items 2.1 through 2.4 below shall be deemed to comply with this section.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A1, provided the design is no less stringent than required in Berkeley Municipal Code Section 19.38.130.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk Category I or II are permitted to be based on the procedures specified in IEBC Appendix A Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open -front wall conditions in multiunit residential buildings of wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A4.

3. ASCE 41, using the performance objective in Table 405.2.7.2 for the applicable risk category. The design spectral response acceleration parameters Sxs and Sx1 specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters S DS and SD1 defined by the California Building Code and its reference standards.

Table 405.2.7.2
PERFORMANCE OBJECTIVES FOR USE IN ACCE 41 FOR COMPLIANCE WITH

REDUCED SEISMIC FORCES

RISK CATEGORY
(Based on CBC
Table 1604.5)

STRUCTURAL PERFORMANCE
LEVEL FOR USE WITHBSE-1E

EARTHQUAKE HAZARD LEVEL

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-2E

EARTHQUAKE HAZARD
LEVEL
I Life Safety (S-3). See Note a Collapse Prevention (S-5) II Life Safety (S-3). See Note a Collapse Prevention (S-5) III Damage Control (S-2). See Note a Limited Safety (S-4). See Note b IV Immediate Occupancy (S-1) Life Safety (S-3). See Note c a. For Risk Categories I, II, and III, the Tier 1 and Tier 2 procedures need not be considered for the BSE-1E earthquake hazard level.
b. For Risk Category III, the Tier 1 screening checklists shall be based on the Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS -factors that are the average of the values for Collapse Prevention and Life Safety.
c. For Risk Category IV, the Tier 1 screening checklists shall be based on Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors for Life Safety.

Table 405.2.7.3

REFERENCED STANDARDS
Standard Reference
Number Title Referenced in Code
Section Number
ASCE 41-17
Seismic Evaluation and
Retrofit of Existing
Buildings
405.2.7
Table 405.2.7.1
405.2.7.2
Table 405.2.7.2
Article 7. Technical Amendments to Structural Standards

19.28.080 Various Technical Amendments to Structural Standards.

Chapter 17 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.

Exception: Special inspections and tests shall not be required for: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’ c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

Chapter 19 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
• Structural plain concrete basement, foundation or other walls below the base are permitted in detached one and two -family dwellings three stories or less in height constructed with stud bearing walls. In dwellings assigned to seismic design category D or E, the height of the wall shall not exceed 8 feet (2438 mm), the thickness shall not be less than 7 1/2 inches (190 mm), and the wall shall retain no more than 4 feet (1219 mm) of unbalanced fill.

Walls shall have reinforcement in accordance with 14.6.1.

• Isolated footings of plain concrete supporting pedestals or col umns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

• (Plain concrete footings supporting walls are permitted, provi ded the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than

0.002 times the gross cross-sectional area of the footing. For footings that exceed 8” inches (2 03 mm) in thickness, A minimum of one bar shall be

provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exceptions:

1. In seismic design categories A, B and C, detached one- and two-family dwellings three stories or less in height and constructed with stud bearing walls, are permitted to have plain concrete footings without longitudinal reinforcement.

2. For foundation systems consisting of a plain concrete footing and a plain concrete stem wall, a minimum of one bar shall be provided at the top of the stem wall and at the bottom of the footing.

3. Where a slab on ground is cast monolithically with the footing, one No. 5 bar is permitted to be located at either the top of the slab or bottom of the footing.

Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting Elements and Appurtenances.

Chapter 12 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
1202.7 Ventilation of weather exposed enclosed assemblies. Balconies, landings, decks, stairs and similar exterior projecting elements and appurtenances exposed to the weather and sealed underneath shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain and snow and as set forth in Section 2304.12.2.5. Blocking and bridging shall be arranged so as not to interfere with the movement of air. The net free ventilating area shall not be less than 1/150th of the area of the space ventilated. Ventilation openings shall comply with Section 1202.2.2.

An access panel of suf ficient size shall be provided on the underside of the enclosed space to allow for periodic inspection.

Exceptions:

1. An access panel is not required where the exterior coverings applied to the underside of joists are easily removable using only common tools.

2. Removable soffit vents 4 inches minimum in width can be used to satisfy both ventilation and access panel requirements.

Chapter 14 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
1403.15 Projections exposed to weather. Balconies, landings, decks, stairs and similar floor projections exposed to the weather shall be constructed of naturally durable wood,

preservative-treated wood, corrosion resistant (e.g., galvanized) steel, or similar approved materials.

Chapter 23 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
2304.12.2.3 Supporting members for permanent appurtenances. Naturally durable or preservative-treated wood shall be utilized for those portions of wood members that form the structural supports of buildings, balconies, porches or similar permanent building appurtenances where such members are exposed to the weathe r without adequate protection from a roof, eave, overhang or other covering to prevent moisture or water accumulation on the surface or at joints between members. 2304.12.2.4 Supporting members for permeable floors and roofs. Wood structural members that s upport moisture -permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative- treated wood unless and shall be separated from such floors or roofs by an impervious moisture barri er. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture - permeable floor topping.

Table 2308.6.1 WALL BRACING REQUIREMENTSa, f, g
Add new footnotes “f” and “g” to the end of Table 2308.6.1 to read:
f. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D or E . In Seismic Design Categories D, the use of Method PCP is limited to one-story dwellings and accessory structures. g. Methods DWB and PCP are not permitted in Seismic Design Categories E.

Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities.

HCD Appendix P of the 2022 California Building Code is adopted on an emergency basis and reproduced in its entirety subject to the modifications thereto which are set forth below:

APPENDIX P

EMERGENCY HOUSING

SECTION P101

GENERAL
P101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section P102. The provisions and standards set forth in this appendix shall be applicable to emergency housing established pursuant to the declaration of a shelter crisis under Government Code section 8698 et seq. and located

in new or existing buildings, structures, or facilities owned, operated, erected, or constructed by, for or on behalf of the City of Berkeley on land owned or leased by the City of Berkeley.

P101.2 Application. Notwithstanding any provisions of this Code to the contrary, the following requirements shall apply to emergency housing operated during a shelter crisis, as provided for in Government Code Section 8698 et seq. Other than the sp ecific requirements set forth in this appendix, the facilities need not comply with the requirements of this Code for Group R occupancies unless otherwise specified in this Code.

SECTION P102

DEFINITIONS

P102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions.

DECLARATION OF SHELTER CRISIS. The duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. (See Government Code Section 8698)

DEPENDENT UNIT. Emergency housing not equipped with a kitchen area, toilet, and sewage disposal system. Recreational vehicles that are not self-contained and without utility service connections shall be considered dependent units.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis.

Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix.

EMERGENCY HOUSING FACILITIES. On-site common use facilities supporting emergency housing. Emergency housing facilities include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water. The use of emergency housing facilities is limited exclusively to the occupants of the emergency housing, personnel involved in operating the housing, and other emergency personnel.

EMERGENCY HOUSING SITE. A site containing emergency housing and emergency housing facilities supporting the emergency housing.

EMERGENCY SLEEPING CABIN. Relocatable hard-sided structure constructed in accordance with this appendix, which may be occupied only for emergency housing if allowed by the enforcing agency.

EMERGENCY TRANSPORTABLE HOUSING UNIT. A single- or multiple-section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable housing units include, but are not limited to, manufactured homes, mobilehomes, multifamily manufactured homes, recreational vehicles, and park trailers.

For the purposes of this appendix, emergency transportable housing units may also include commercial modulars as defined in the Health and Safety Code Section 18001.8, if approved by the enforcing agency.

Emergency transportable housing units do not include factory-built housing as defined in the Health and Safety Code Section 19971.

LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.

LOCAL EMERGENCY. Local Emergency as defined in the Government Code, Section 8558.

LOFT. A floor level located more than 30 inches (762 mm) above the main floor and open to it on at least one side with a ceiling height of less than 6 feet 8 inches (2032 mm), used as a living or sleeping space.

MANUFACTURED HOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18007.

MEMBRANE STRUCTURE. An air-inflated, air-supported, cable or frame-covered structure, not otherwise defined as a tent. (See Chapter 31 of this code.)

MOBILEHOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18008.

MULTIFAMILY MANUFACTURED HOME. A structure designed to contain not less than two dwelling units, as defined in the Health and Safety Code, Section 18008.7.

PARK TRAILER. A trailer designed for human habitation that meets all requirements in the Health and Safety Code, Section 18009.3.

RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation, that meets all requirements in the Health and Safety Code, Section 18010.

STATE OF EMERGENCY. State of Emergency as defined in the Government Code, Section 8558.

TENT. A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

SECTION P103

EMERGENCY HOUSING
P103.1 General. Emergency sleeping cabins, emergency transportable housing units including commercial modulars , membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during declaration of state of emergency, local emergency, or shelter crisis.

Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied.

P103.2 Existing buildings. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the bu ilding code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings, as determined by the enforcing agency.

P103.2.1 New additions, alterations, and change of occupancy. New additions, alterations, and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition, alteration, or change of occupancy. The requirements shall apply only to and/or within the specific area of the addition, alteration, or change of occupancy.

Exceptions:

1. Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code, as determined by the enforcing agency.

2. Change in occupancy shall not mandate conformance with new construction requirements set forth in the California Building Standards Code, provided such change in occupancy meets the minimum fire and life safety requirements set forth in Section P112 of this appendix.

P103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structure s used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 70 square feet (6.5 m 2) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 53 square feet (4.9 m2) if the enforcing agency determines that 53 square feet (4.9 m2) is adequate space for a single- occupancy sleeping unit.

P103.4 Fire and life safety requirements not addressed in this appendix. If not otherwise addressed in this appendix, fire and life safety measures, including, but not limited to, means of egress, fire separation, fire sprinklers, smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the enforcing agency.

P103.5 Privacy. Emergency housing shall be provided with a privacy lock on each entrance door and all windows for use by the occupants.

P103.6 Heating. All sleeping areas shall be provided with adequate heating as determined by the enforcing agency.

SECTION P104

EMERGENCY SLEEPING CABINS

P104.1 General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 m2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.

P104.2 Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind, rain, and to support the following live loads:

1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area.

2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area.

3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area.

4. In areas where snow loads are greater than 20 pounds per square foot (958 Pa), the roof shall be designed and constructed to resist these additional loads.

P104.3 Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions.

Exception: Ceiling heights in lofts constructed in accordance with Section P108 are permitted to be less than 80 inches (2032 mm).

P104.4 Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section P104.4.1. When a loft is provided, one form of egress shall be an egress window complying with Section P104.4.1, provided in the loft space.

P104.4.1 Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.465 m2).

P104.5 Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service, it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code.

P104.6 Electrical. Emergency sleeping cabins shall be provided with all of the following installed in compliance with the California Electrical Code:

1. Continuous source of electricity.

Exception: The source of electricity may be an emergency generator or renewable source of power such as solar or wind power.

2. At least one interior lighting fixture.

3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment.

Exception: Electrical heating equipment and a dedicated receptacle outlet for the electrical heating equipment are not required if a nonelectrical source of heating is provided.

4. At least one GFCI-protected receptacle outlet for use by the occupant(s).

P104.7 Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the enforcing agency.

P104.8 Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314.

P104.9 Carbon monoxide alarms. If an emergency sleeping cabin contains a fuel - burning appliance(s) or a fireplace(s), a carbon monoxide alarm shall be installed in accordance with the California Residential Code, Section R315 SECTION P105

EMERGENCY TRANSPORTABLE HOUSING UNITS

P105.1 General. In addition to the requirements in this appendix, manufactured homes, mobilehomes, multifamily manufactured homes, commercial modulars, recreational vehicles, and park trailers used as emergency transportable housing shall comply with all applicable requirements in the Health and Safety Code, Division 13, Part 2; and Title 25, Division 1, Chapter 3, Subchapter 2.

No provisions of Sections P111 through P114 of this appendix shall be deemed to grant authorization for any additional work that may conflict with the standards specified in Section P105 applicable for emergency transportable housing units.

SECTION P106

TENTS AND MEMBRANE STRUCTURES
P106.1 General. Tents shall not be used to house occupants for more than 7 days unless such tents are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents may be maintained with concrete slabs with the finished surface at least 4 inche s (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high.

A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy.

Membrane structures installed and/or assembled in accordance with Chapter 31 of this code, may be permitted to be used as emergency housing and emergency housing facilities, as determined by the enforcing agency.

Tents and membrane structures shall comply with Chapter 31 of the California Fire Code and shall not be erected for a period of more than 180 days within a 12 month period.

Tents and membrane structures sh all be limited to one level located at the level of Fire Department vehicle access road or lane. Tents and membrane structures complying with Chapter 31 of the California Fire Code shall not be subject to additional provisions of Sections P111 and P112 of this appendix.

Tents and membrane structures used for sleeping purposes shall be equipped with single station battery powered smoke alarms installed in accordance with Section 907.2.11 of the California Fire Code.

SECTION P107

ACCESSIBILITY
P107.1 General. Emergency housing shall comply with the applicable requirements in Chapter 11B and/or the US Access Board Final Guidelines for Emergency Transportable Housing.

Note: The Architectural and Transportation Barriers Compliance Board (US Access Board) issued the Final Guidelines for Emergency Transportable Housing on May 7, 2014. The final guidelines amended the 2004 ADA Accessibility Guidelines (2004 ADAAG) and the 2004 Architectural Barriers Act (ABA) Accessibility Guidelines (2004 ABAAG) to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. The final rule ensures that the emergency transportable housing units are readily accessible to and usable by disaster survivors with disabilities.

SECTION P108

LOFTS IN EMERGENCY HOUSING

P108.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections P108.1.1 through P108.1.3.

P108.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2).

P108.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.

P108.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

P108.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections P108.2.1 through P108.2.4.

P108.2.1 Stairways. Stairways accessing lofts shall comply with the California Residential Code or with Sections P108.2.1.1 through P108.2.1.6.

P108.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm).

P108.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 74 inches (1880 mm), as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width.

P108.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas:

1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or

2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth.

P108.2.1.4 Landing platforms. The top step of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 74 inches (1880 mm). The landing platform shall be 18 inches (457 mm) to 22 inches (559 mm) in depth measured from the nosing of the landing platform to the edge of the loft, and 16 inches (406 mm) to 18 inches (457 mm) in height measured from the landing platform to the loft floor.

P108.2.1.5 Handrails. Handrails shall comply with the California Residential Code, Section R311.7.8.

P108.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with the California Residential Code, Section R312.1.

P108.2.2 Ladders. Ladders accessing lofts shall comply with Sections P108.2.2.1 and P108.2.2.2.

P108.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200 pound (90.7 kg) load on any rung. Rung spacing shall be uniform within 3/8-inch (9.5 mm).

P108.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.

P108.2.3 Alternating tread devices. Alternating tread devices are acceptable as allowed by the enforcing agency.

P108.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102mm) in diameter.

SECTION P109

LOCATION, MAINTENANCE AND IDENTIFICATION

P109.1 Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housing sites shall be kept clean a nd free from accumulation of debris, filth, garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists, as determined by the enforcing agency.

P109.1.1 Fire hazards. Dangerous materials or materials that create a fire hazard, as determined by the enforcing agency, shall not be allowed on the grounds within emergency housing sites.

P109.3 Identification. Emergency housing shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background.

SECTION P110

EMERGENCY HOUSING FACILITIES SANITATION REQUIREMENTS

P110.1 Drinking water. Potable drinking water shall be provided for all occupants of emergency housing.

P110.2 Kitchens and food facilities. Where provided, kitchens and food facilities, as defined in Section 113789 of the California Health and Safety Code, which support emergency housing sites, shall comply with applicable food safety provisions of Sections 113980 – 114094.5 of the California Health and Safety Code.

Where occupants of dependent units are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen.

Refrigerated storage shall be provided for safe storage of food.

P110.3 Toilet and bathing facilities. When dependent units are used as emergency housing, the emergency housing site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The enforcing agency may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are sufficient to process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants of the emergency housing.

Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees F (21.0 degrees Celsius) within such facilities.

Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.

P110.4 Garbage, waste and rubbish disposal. All garbage, kitchen waste and rubbish shall be deposited in approved cover ed receptacles, which shall be emptied when filled and the contents shall be disposed of in a sanitary manner acceptable to the enforcing agency.

SECTION P111

EMERGENCY HOUSING LIGHTING AND VENTILATION REQUIREMENTS

P111.1 Lighting. Buildings or structures used for emergency housing shall be provided with natural light by means of exterior glazed openings in accordance with Section 1204.2 of the California Building Code, or shall be provided with artificial light in accordance with Section 1204.3 of the California Building Code.

P111.2 Ventilation. Buildings or structures used for emergency housing shall be provided with natural ventilation in accordance with Section 1202.5 of the California Building Code, or mechanical ventilation in accordance with the California Mechanical Code.

SECTION P112

EMERGENCY HOUSING FIRE AND LIFE SAFETY REQUIREMENTS

P112.1 Location on property. Buildings or structures used for emergency housing, including sleeping cabins, shall be located in accordance with the requirements of Section 705 and Table 705.5 of the California Building Code, based on their type of construction and fire-resistance ratings of the exterior walls. During a shelter crisis, the fire separation distances are permitted to be measured to the existing buildings on the adjacent parcels rather than to the interior lot lines, provided the open spaces are to remain unobstructed for the duration of the shelter crisis.

P112.2 Buildings on same lot. Buildings or structures used for emergency housing, including sleeping cabins, shall be separated from each other and from other buildings on the same lot as set forth in Section 705.3 of the California Building Code. The Building Official and Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent fire and life safety is achieved.

P112.3 Means of egress. Buildings or structures used for emergency housing shall be provided with means of egress complying with Chapter 10 of the California Building Code, unless modified elsewhere in this appendix.

P112.4 Emergency escape and rescue. Each area of a building or structure used for sleeping purposes in emergency housing shall be provided with an emergency escape and rescue opening in accordance with Section 1031 of the California Building Code, unless modified elsewhere in this appendix.

P112.5 Smoke alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, shall be equipped with single station battery powered smoke alarms installed in accordance with the location requirements of Section 907.2.11 of the California Fire Code, unless modified elsewhere in this appendix.

P112.6 Carbon monoxide alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, and equipped with fuel-burning appliances shall be provided with carbon monoxide detection in accordance with Section 915 of the California Fire Code, unless modified elsewhere in this appendix.

P112.7 Fire alarm. A manual fire alarm system capable of arousing sleeping occupants in accordance with Section 907.2.9.1 of the California Fire Code shall be installed in buildings, structures, or groups of buildings or structures used for emergency housing and having a gross floor area of more than 2,500 square feet or having more than 49 sleeping occupants.

Exception: Individual buildings or structures in a group of buildings or structures with sufficient separation distances to allow each building or structure to function independently in case of a fire, as approved by the Fire Marshal.

P112.8 Automatic sprinkler systems. Fire sprinklers shall be provided for new and existing buildings or structures used for emergency housing, including sleeping cabins, which provide sleeping facilities, as required by Section 903.3 of the California Fire Code. Strict compliance with the requirements of Section 903.3 may not be required when approved by the Fire Marshal. The Fire Marshal is authorized to accept reasonably equivalent alternatives to the installation provisions of Section 903.3 when dealing with buildings or structures used for emergency housing.

P112.9 Fire extinguishers. Portable fire extinguishers shall be provided in accordance with Section 906.1 of the California Fire Code.

P112.10 Flammable or combustible liquids. The possession or storage of any flammable or combustible liquids or gases shall not be permitted (intact cigarette lighters excepted). The use of any type of open flame indoors is prohibited unless conditionally approved by the Fire Chief.

P112.11 Storage in attics, under-floor and concealed spaces. Combustible materials, including but not limited to the possessions of occupants, users and staff shall not be stored in attics, under-floor spaces, or within other concealed spaces of buildings or structures used for emergency housing with sleeping accommodations.

P112.12 Fire department access. Fire Department access to building and premises used for emergency housing shall be in compliance with Section 503, Section 504 and Appendix D of the California Fire Code, as approved by the Fire Chief.

P112.13 Water supply. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the Fire Chief, shall be provided for each structure, group of structures or premises used for emergency housing.

SECTION P113

ADDITIONAL REQUIREMENTS
P113.1 Operating procedures. Operating procedures including a security plan and service requirements shall be developed by the professional service provider and shown to be consistent with the shelter standards imposed by the Alameda County Social Services Agency. These procedures shall be designed to maintain order and safety within the buildings or structures used for emergency housing.

SECTION P114

ALTERNATIVES AND MODIFICATIONS
P114.1 Alternatives and modifications. Alternative compliance and/or modifications that are reasonably equivalent to the requirements in this appendix may be granted by the Local Administrative Authority in individual cases whe n dealing with buildings or structures used for emergency housing.

NOTE:

Authority Cited: Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.

Reference: Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4 and 1101.5; and Government Code Sections 12955.1 and 12955.1.1. (Ord. 7613-NS § 3, 2018)
Section 2. That Berkeley Municipal Code Chapter 19.29 is hereby repealed and reenacted to read as follows:

Chapter 19.29

BERKELEY RESIDENTIAL CODE
Sections:

19.29.010 Adoption of California Residential Code.

19.29.020 Title.

19.29.030 Administrative Provisions.

19.29.040 Subsection R301.2 Climatic and Geographic Design Criteria.

19.29.050 Section R337 Materials and Construction Methods for Exterior Wildlife Exposure.

19.29.060 Technical Amendments to Structural Standards.

19.29.010 Adoption of California Residential Code.

The California Residential Code, 2022 Edit ion, as adopted in Title 24 Part 2.5 of the California Code of Regulations, including Appendices AH, AQ, AR, AS, AU and AX is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.29.020 Title.

This Code shall be known as the "Berkeley Residential Code" and may be cited as "this Code".

19.29.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any CRC administrative provisions that may conflict.

For regulations governing wood burning appliances see BMC 19.28.040.

19.29.040 CRC Subsection R301.2 Climatic and geographic design criteria.

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg

AIR FREEZING
INDEXi MEAN ANNUAL TEMPj
NO See
Footnote ‘p’ ZERO 57.2◦F

MANUAL J DESIGN CRITERIAn
Elevation
Altitude
correction
factor e

Coincident

Indoor
winter

Indoor

Heating
GROUND
SNOW
LOADo

WIND DESIGN

SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE FROM
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem
Weatheringa Frost line
depthb Termitec
ZERO 85 NO NO NO D2 or E NEGLIGIBLE N/A VERY
HEAVY

wet bulb design
relative
humidity
winter
design
dry-bulb
temperature
Outdoor
winter design
dry-bulb
temperature
temperature
difference
345 N/A 63 N/A 70 40 30
Latitude Daily
range
Indoor
summer
design
relative
humidity
Summer
Design
Grains
Indoor
summer
design
dry-bulb
temperature
Outdoor
summer
design
dry-bulb
temperature
Cooling
temperature
difference
38 16 50 -6 75 80 5

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this Code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2.(1).The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map Figure R301.2(2). Wind exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local dam age from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100 -year retur n period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index -USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction s hall indicate the wind -borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).
p. Flood Hazard Data for the City of Berkeley:

Date of Jurisdiction’s Entry into the NFIP: December 7, 1973; Date of adoption of the first code or ordinance for management of flood hazards:

Ordinance No. 5085-N.S., July 25, 1978;
Date of Flood Insurance study: Aug 3, 2009;
Panel numbers and dates of all currently effective maps adopted by the AHJ (Ordinance 7108-NS 9/29/09):
• FEMA’s “Use of Digital Flood Hazard Data” establishes that paper and digital maps are equivalent. Policy and related information are available from FEMA.

The policy implements section 107 of Public Law 108-264, 118 Stat. 724 (2004) • Panel 13 (not available in printed form)
• Panel 14 of 725, Map Number 06001C0014G, August 3, 2009 • Panel 18 of 725, Map Number 06001C0018G, August 3, 2009 • Panel 19 of 725, Map Number 06001C0019G, August 3, 2009 • Panel 38 (not available in printed form)
• Panel 51 (not available in printed form)
• Panel 52 of 725, Map Number 06001C0052G, August 3, 2009 • Panel 53 (not available in printed form)
• Panel 54 of 725, Map Number 06001C0054G, August 3, 2009 • Panel 56 of 725, Map Number 06001C0056G, August 3, 2009 • Panel 57 of 725, Map Number 06001C0057G, August 3, 2009 • Panel 80 of 725, Map Number 06001C0080G, August 3, 2009

19.29.050 CRC Section R337 Materials and Construction Methods for Exterior Wildlife Exposure.

Chapter 3 of the 2022 California Residential Code is adopted in its entirety subject to the modifications thereto which are set forth below.

R337.1 – SCOPE, PURPOSE AND APPLICATION
R337.1.1 Scope. Section R337 and all subsections apply to building materials, systems and or assemblies used in the exterior design and construction of new buildings and structures, additions, alterations, repairs and re-roofs located within a Wildland-Urban Interface (WUI) Fire Area as defined in Section R337.2.

R337.1.2 Purpose. The purpose of Section R337 is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any building or structure in the Wildland-Urban Interface (WUI) Fire Area to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.

R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone or new buildings and structures, additions, alterations, repairs and re -roofs located in any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this section. This shall include all new buildings with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this section as “applicable building” (see definition in Section R337.2), as well as new buildings and structures accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:

1. Group U occupancy accessory buildings or structures of any size located at least 50 feet (15 m) from an applicable building on the same lot.

2. Group U occupancy agricultural building or structure, as defined in Section 202 of the California Building Code, of any size located at least 50 feet (15 m) from an applicable building.

3. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section R337.10 shall comply only with the requirements of that section.

5. Additions to and remodels of building originally constructed prior to July 1, 2008.

R337.1.3.1 Application date and where required. New buildings for which an application for a building permit is submitted on or after July 1, 2008 located in any Fire Hazard Severity Zone or buildings and structures, additions, alterations, repairs and re - roofs for which an application for a building permit is submitted on or after July 1, 2008 located in the Wildland Interface Fire Area shall comply with all sections of this chapter.

R337.2 – DEFINITIONS
For the purposes of this Section R337, certain terms are defined below:

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to time. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: the eastern section of the University of California, Berkeley main campus, block number 2042 (Alameda County Assessor’s parcel numbering (APN) system), to the east city line; all of the Clark-Kerr campus, block number 7690, to the east city line; all of block number 7680 in the City of Berkeley; portions of block number 1702 in the City of Berkeley. See Exhibit A for the specific parcels by APN and address.

FIRE ZONE 3 encompasses those areas designated as Environmental Safety – Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district. Fire Zones 2 and 3 are designated as Local Responsibility Area.

WILDLAND-URBAN INTERFACE (WUI) is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Fire Zones 2 and 3 are designated as Wildland-Urban Interface (WUI) areas.

R337.5 – ROOFING
R337.5.1 General. Roofs shall comply with the requirements of Sections R337 and R902. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer's installation instructions. Roof assemblies in the Fire Hazard Severity Zones shall be Class A rating when tested in accordance with ASTM E108 or UL790.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system.

Exception: Replacement of less than 50% of the roof area within a 5 year period.

R337.5.5 Spark Arrestors. All chimneys of fireplaces, stoves, barbecues or heating appliances using solid fuel shall be provided with an approved spark arrestor whenever modification has been made to any of these appliances, or whenever a structure is r e- roofed. The net free area of the spark arrestor shall be not less than four times the net

free area of the outlet of the chimney. The spark arrestor shall have heat and corrosion resistance equivalent to twelve -gauge wire, nineteen-gauge galvanized wire, or twenty- four-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one -half inch and shall not block the passage of spheres having a diameter of less than three -eighths inch. The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need.

R337.7 – EXTERIOR COVERING
R337.7.3.2 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in this chapter.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible.

R337.11 – UNDERGROUND UTILITY CONNECTIONS
R337.11.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to electrical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the street property.

R337.12 – ADDITONAL REQUIREMENTS IN FIRE ZONE THREE
R337.12.1 General. In addition to meeting the other requirements of this Chapter, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within Fire Zone Three shall comply with the following requirements for buildings and structures.

R337.12.2 Fire Warning System. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke detector requirements of the current edition of the California Building Code and with an audible exterior alarm . The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more.

R337.12.3 Automatic fire sprinkler systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24.

R337.12.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire r esistive construction. Adequate covered access openings for servicing and ventilation of such facilities shall be provided as required by appropriate codes.

R337.12.5 Control of brush or vegetation. Brush and vegetation shall be controlled as required in the Berkeley Fire Code.